1. The Basics
1.1 Accepting the Terms
While you’re likely reading this on the Induck website or mobile application, we think of Induck as offering a “Service” and we’ll refer collectively to the various form factors, products, and services that comprise the offering as such throughout the Terms. Individually, the Service consists of the “Site,” which can be accessed at Induck.co or other websites on which we may make the Service available and the “App,” which describes any and all applications for mobile devices, tablets, and desktops on which the Service is available. Thematically, the Service is an online venue that connects “Alumni”, or graduates of an institution (usually of higher learning) with one another to share advice, jobs, and mentorship. The Service is owned and operated by Induck, LLC., which we may refer to as “Induck,” “we,” “us,” or “our” for brevity.
As a user you may interact with other users on the service (in fact, you’re pretty likely to, as that’s kind of the point of the Service), but in doing so you must recognize that Induck is not party to any agreements you make with other users. We don’t control users’ conduct on the Service or any information provided in connection thereto, so to protect ourselves we must disclaim liability in this regard.
1.2 Key words
We use this list of key words to keep track of words and phrases we repeat over and over again throughout the Agreement. You’ll recognize key words when you see them because they’ll always be capitalized. You can refer here for clarification on what they mean. Additionally, when we use “you” and “your” we’re referring to both the specific reader of these Terms, either an individual or entity that uses the Service, as well as all users in general. If you accept the Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to do that.
“AAA” refers to the American Arbitration Association.
“AAA Rules” refers to the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes.
“App” refers to any and all native mobile, tablet, or desktop applications of the Service.
“Collective Content” means Induck Content.
“Content” covers any text, graphics, images, music, software (excluding the Site or App software), audio, video, data, information or other materials users encounter on the Service.
“Dispute” describes any claim or controversy arising from or relating to this Agreement, the breach, termination, enforcement, interpretation or validity thereof, or your use of the Service.
“Exchange” describes the information exchange or other transactional interactions between Members facilitated by the Service.
“Exchange Fee” refers to any applicable transaction charge paid in consideration of the advice and information provided as part of an Exchange. An exchange may not (and often does not) have an associated Exchange Fee.
“Feedback” refers to feedback, comments and suggestions for improvements to the Service.
“Member” means a person who completes Induck’s account registration process as described under “User Account Registration” below.
“Member Content” means any comment made while logged in.
“Induck” refers to both the product at www.induck.co and Induck, LLC the owner of the Service.
“Induck Account” refers to the account profile completed by Members during account registration.
“Induck Content” covers all Content that Induck makes available through the Service including any Content licensed from a third party.
“Interviewee” refers to a person interviewed by a representative of Induck, LLC to create the content of the site.
“Service” describes the various form factors, products, and services that comprise the Induck offering.
“Service Fee” refers to the percentage of any Exchange Fees collected by Induck in consideration of the Service.
“Settings” refers to parameters and preferences associated with an Induck Account that Members can change to modify their experience on the Service.
“Site” refers to any and all web-based applications of the Service, including Induck and any other website on which we make the Service available.
“SN” refers to third party social networking sites. For some SNs, you may use your credentials with that site to create a Induck Account.
“SN Account” means a user’s credentials with a third party SN that the user has linked to a Induck Account.
“SN Content” refers to Content associated with a user’s SN Account that is accessed, stored, and/or made available on the Service. This Content can include but is not limited to a user’s name, location, biographical details, and images associated with their SN Account.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, provincial, state and federal indirect or other withholding and personal or corporate income taxes.
“Terms” is shorthand for these Terms of Service.
1.3 Communicating with us digitally
When you visit the Site or App or send us e-mails, you are communicating with Induck digitally. By doing this, you’re agreeing to receive communications from us digitally, and those communications satisfy any requirement to deliver those communications in writing. It’s a bit easier than writing a letter these days, and we like to save paper. When we need to tell you something, we’ll either send you an e-mail or post notices on the Site or App. If you register for an account on Induck, you agree to keep your email associated with the Induck Account current.
1.4 Modifying this Agreement
2. The Service
Induck is not required to verify the credentials of or information provided by any of its Interviewees, but, because we’re nice people, we strive to ensure the validity of Interviewees on the Service so you can feel good about using it. Keep in mind, Interviewees are not employees or agents of Induck. Induck is not liable for any loss or damage created as a result of your reliance on information provided by Induck. What we’re saying is that you use the Service and any information you get access to as a result at your own risk.
Let us get one more disclaimer out of the way. Information and Content you access via the Service is for general information purposes only. It should not be considered a substitute for an in-person visit, evaluation, or professional service. You may want to review laws, regulations, standards, practices and procedures that apply to your particular situation as they may differ depending on your location and specifics. Additionally, Interviewees may represent certain licenses, certifications, employment, or education credentials. While we ask all Interviewees to represent themselves as accurately as possible, their interview on Induck should not be construed as validation of their credentials by Induck. Bottom line, don’t believe what an Interviewee says just because they are included on the Service, you’ll need to make that judgment yourself.
3. User Policies
3.1 You must be 13 to enter
3.2 Induck doesn’t endorse Interviewees or third parties
We’re all adults here (or at least operating with adult supervision, anyway — if not you should re-read section 4.1), and as such we expect Members and users to use good judgment and take responsibility for their own actions. Induck does not endorse any of its Interviewees. While Interviewees are required to provide accurate information, we do not confirm any Interviewee’s identity or credentials. You are responsible for determining the suitability of others who you contact via the Service. You must evaluate the Content you consume for accuracy, quality, and usefulness. Making use of information contained in Content outside the Service is done at your own risk.
From time to time, we may offer you products and services from third parties. If we do we may include their information, logos, links, or names on the Site or App. Doing so is not an endorsement of any such third party, its products, or its services. You’re on your own and must determine its suitability independently if you decide to utilize its products or services.
3.3 Terminating and deactivating this Agreement and your account
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Service, and (b) deactivate or cancel your Induck Account. If this were to happen, we would promptly pay you any amounts we owe you, as we reasonably determine in our discretion or which we are legally obligated to pay you. Likewise, you would remain liable for all amounts you owe to Induck hereunder.
You may cancel your Induck Account at any time by contacting Induck through the Contact form. We will typically complete a cancellation within seven (7) business days after our receipt of your notice. Keep in mind that if your Induck Account is cancelled, we are not obligated to delete or return to you any Content you have posted to the Service, including, but not limited to, any reviews or Feedback.
3.4 How you’re expected to conduct yourself on the Service
Induck can’t possibly know the situation of every single user of the Service, and as such we can’t guarantee that your use of the Service won’t violate laws, rules, regulations, Tax obligations, or contracts that apply to you. So be careful, because by using the Service you take responsibility to ensure your compliance with applicable requirements.
Furthermore, there are a number of different types of use of the Service that are prohibited. Collectively, you might summarize these rules as “don’t break the law,” “don’t steal,” and “be honest”. However, we’ve bulleted out the specifics below to cover all the bases.
When using our Service, you recognize that it is prohibited to, and you agree that you will not:
• break the law, or, more specifically, violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
• use the Service for any commercial or other purposes that are not expressly permitted by these Terms or copy, store or otherwise access any information contained on the Service or Content for purposes not expressly permitted by these Terms;
• use manual or automated software, devices, scripts robots, or other means or processes to access, “scrape”, “crawl” or “spider” any web pages or other services contained in the Service;
• systematically retrieve data or other Content from our Service to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
• use automated scripts to collect information or otherwise interact with the Service;
• attack the Service, or otherwise interfere with or damage our Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• infringe the rights of any person or entity, including without limitation, its intellectual property, privacy, publicity or contractual rights;
• use our Service to distribute unsolicited commercial email (“spam”) or advertise services unrelated to information and expertise, except as expressly allowed by these Terms;
• use our Service to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
• register for more than one Induck Account or register for an Induck Account on behalf of an individual other than yourself;
• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
• “stalk” or harass any other user of our Service or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Member;
• recruit or otherwise solicit any other Member to join third party services that are competitive to Induck, without Induck’s prior written approval;
• contact a Member for any purpose other than the purposes explicitly provided in the Terms;
• circumvent the obligation to pay any fees related to Induck’s provision of the Service by creating an Exchange outside the Service;
• attempt to publish an offering with false or misleading information, or with a price you do not intend to honor;
• post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
• use, display, mirror or frame the Site or App, or any individual element within the Service, Induck’s name, any Induck trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Induck’s express written consent;
• access, tamper with, or use non-public areas of the Site or App, Induck’s computer systems, or the technical delivery systems of Induck’s service providers;
• attempt to probe, scan, or test the vulnerability of any Induck system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Induck or any of Induck’s providers or any other third party (including another user) to protect the Service or Collective Content;
• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service or Collective Content to send altered, deceptive or false source-identifying information;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service or Collective Content; or
• advocate, encourage, or assist any third party in doing any of the foregoing.
We do take violations of the above rules seriously, and may prosecute violators to the fullest extent allowed by law. If we need to involve law enforcement, we will.
Induck may, but has no obligation to, monitor your access or use of the Service or Content or review or edit any Content. Induck may, at any time and without prior notice, remove or disable access to any Content that Induck, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Service, or just plain disgusting.
4. Licenses and Ownership
4.1 License to use the App
Assuming you comply with the Agreement, Induck grants you a non-exclusive, non-transferable, revocable limited license to access and use the App using a mobile or desktop device solely for your own personal use. You agree you won’t use the App for any other purpose and that you have no additional rights in the App other than those defined explicitly here in section 5.1.
4.2 License to access and view Content
Assuming you comply with the Agreement, Induck grants you a non-exclusive, non-transferable, revocable limited license, to (i) access and view any Induck Content solely for your own personal and non-commercial use and (ii) access and view any Content to which you are permitted access, solely for your own personal and non-commercial use. You agree that you won’t use Induck Content for any other purpose and that you have no additional rights in Induck Content than those defined explicitly here in section 5.2.
Additionally, don’t plagiarize. You agree not to use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Service or Collective Content, except as expressly permitted in these Terms.
5.3 Even more about licenses
Section 5 describes all applicable licenses granted to you as a Terms-abiding user of our Service. No licenses or rights other than those explicitly defined in this section 5 are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Induck or its licensors.
5.4 We own the Service
The Service and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Accepting the Terms means you and agree that the Service and Content, including all associated intellectual property rights is the exclusive property of Induck and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or Content.
5.2 Links to other sites and services
You may find links to third-party websites or resources on the Service or as part of Collective Content. Induck, of course, doesn’t control the internet, so you’ll understand that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. And you’ll remember our endorsement policy from section 4.2. Links on our Service to third party websites or resources do not constitute our endorsement of them or their content, products, or services. Consequently, you’re at your own risk if you utilize any of the offerings of such third parties.
5.3 Notice about proprietary rights and trademarks
Any trademarks, service marks, logos, trade names and other proprietary designations of Induck that you see here in the Terms are trademarks or registered trademarks of Induck. Any other trademarks, service marks, logos, trade names and other proprietary designations of others that you see in other places on the Site or App are their trademarks or registered trademarks.
5.4 Infringing copyright
Induck respects copyright law and expects its users to do the same. We’re a respectful bunch. It is Induck’s policy to terminate in appropriate circumstances the Induck Accounts of Members who infringe or are believed to be infringing the rights of copyright holders.
If you use the service, you do it at your own risk. By doing so you are agreeing to several things regarding our Service as follows (we use bold font here to make this section stand out). As you read this, if you aren’t a lawyer, you may be confused by the term “warranty.” A plain English translation for this is roughly “guarantee,” “promise” or “commitment,” so when we say that we “disclaim any warranty” regarding something that means we aren’t promising that the Service will offer whatever comes next. We provide this translation to help you read the Terms more easily, but it does not limit the legal definition of “warranty” with respect to this Agreement in any way.
• Induck has no obligation to conduct background checks on any Member or Interviewee.
• The Service and Content are provided “as is,” without warranty of any kind, either express or implied.
• Without limiting the foregoing, Induck explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade.
• Induck makes no warranty that the Service or Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
• Induck makes no warranty regarding the quality of any offerings, the Service, Content or any information provided, or the accuracy, timeliness, truthfulness, completeness or reliability of any Content obtained through the Service or any information provided.
• No advice or information, whether oral or written, obtained from Induck or through the Service or Content, will create any warranty not expressly made herein.
5.6 Limitation of liability
This section includes a fair bit of legalese, so we’ll provide plain English translations to help you comprehend the terms. The translations are not intended to, and do not, limit or define the sections they describe in any way, so read the sections in full. We will emphasize the legal provisions using bold font.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Service or Content via the Site and App, and any contact you have with other users of the Service whether in person, by phone, online, or other means remains with you. Neither Induck nor any other party involved in creating, producing, or delivering the Service or Content will be liable for any incidental, special, exemplary, or consequential damages arising out of or in connection with these Terms, the use of or inability to use the Service or Content, or any communications or interactions with other users of the Service or with other persons you discover as a result of your use of the Service. Such limitation of liability holds true regardless of whether such included damages are based on warranty, contract, tort (including negligence), product liability or any other legal theory and regardless of whether Induck has been informed of the possibility of such damages, even if a limited remedy set forth herein is found to have failed of its intended purpose. Types of damages covered by this provision include, but are not limited to:
• lost profits
• loss of data
• loss of goodwill
• service interruption
• computer damage
• system failure
• personal or bodily injury
• emotional distress
Translation: If bad things happen to you (generally referred to as “damages”) when you use Induck, Induck is not responsible, to the greatest extent allowed by law.
In no event will Induck’s aggregate liability arising out of or in connection with these Terms and your use of the Service exceed the amounts you have paid or owe as a Member for Exchanges made via the Service in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars ($100) if no such payments have been made. The limitations of damages set forth above are fundamental elements of the basis of the bargain between you and Induck. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
You agree to release, indemnify, and hold Induck and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including but not limited to reasonable legal and accounting fees, arising from (i) your use of the Service or Collective Content; (ii) your violation of these Terms; (iii) your Member Content; (iv) your interaction with any Member, reliance on any information exchanged via the Service; or (v) any violation by you of applicable law or contract terms with a third party to which you are subject. Induck shall have the right to control all defense and settlement activities.
Bottom line: we aren’t responsible for your actions if they get you into trouble, and you’ll cover any resulting losses we may suffer.
5.8 Export control and restricted countries
You may not and will not use, export, re-export, import, or transfer the App except as authorized by United States law, the laws of the jurisdiction in which you obtained the App, and any other applicable laws. In particular, but without limitation, the App may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. You’ll also recall the representation you make in section 1.1 that you are neither located in a sanctioned country nor a prohibited person. You agree that you will not use the Service for purposes prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. Consistent with U.S. embargo restrictions, Induck does not permit offerings associated with certain countries.
5.9 Give us feedback and also report misconduct
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Service (things we like to call “Feedback”). Of course, by doing so, you agree that such Feedback will be the sole and exclusive property of Induck and you hereby irrevocably assign to Induck and agree to irrevocably assign to Induck all of your right, title, and interest in and to all Feedback and the intellectual property rights therein, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary rights. If we’re really interested in your Feedback, then at our request and expense you will execute documents and take such further acts as Induck may reasonably request to assist Induck to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
In addition, if you feel any user is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of fraud, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and to Induck.
5.10 You cannot assign or transfer this Agreement
You may not assign or transfer these Terms, by operation of law or otherwise, without Induck’s prior written consent. If you try to do so without our consent, such attempt will be null and void and of no effect. Induck may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
5.11 We will notify you of changes
Unless otherwise specified herein, any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Induck (i) via email (in each case to the email address associated with your Induck Account) or (ii) by posting to the Site or App. If we go the email route, the date of receipt will be deemed the date on which such notice is transmitted.
5.12 Severability of the Agreement
This Agreement is intended to govern the agreement between you and Induck in accordance with and to the extent permitted by all applicable laws, ordinances, rules, and regulations. Should any provision of these Terms or the application thereof to any person or circumstance, for any reason or to any extent, be determined invalid or unenforceable, but the extent of such invalidity or unenforceability does not destroy the basis of the bargain among the Members as expressed herein, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law.
5.13 Dispute resolution process
You and Induck agree that any dispute, claim or controversy arising from or relating to this Agreement, the breach, termination, enforcement, interpretation, or validity thereof, or your use of the Service (we’ll call them “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You and we both hereby waive the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Induck otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. Should this specific provision be held unenforceable, then the entirety of this “Dispute Resolution” section 6.14 will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section 6.14 will survive any termination of this Agreement.
Arbitration Rules and Governing Law. Arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section 6.14. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at adr.org. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of New York and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties cannot agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and Induck otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed ten thousand U.S. dollars ($10,000), then the arbitration will be conducted solely on the basis of documents you and Induck submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds ten thousand U.S. dollars ($10,000), your right to a hearing will be determined by AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section 6.6 as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed seventy five thousand U.S. dollars ($75,000), Induck will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding the provisions of the “Digital Communication and Modifications” section 1.3, should we amend this “Dispute Resolution” section 6.14 at a point in which you had already accepted this Agreement and this section, you will be notified of the amendment in accordance with this Agreement. If your intent is to reject any such change, you must do so by sending us written notice within 30 days of the date such change became effective, as indicated by the effective date listed at the top of the Terms or the date of Induck’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Induck in accordance with the provisions of this “Dispute Resolution” section 6.14 as of the date you first accepted these Terms or accepted any subsequent changes to these Terms.
5.14 This Agreement is the entire Agreement
This Agreement constitutes the entire and exclusive understanding and agreement between Induck and you regarding the Site, App, Service, and Content. This Agreement supersedes and replaces any and all prior oral or written understandings or agreements between you and Induck regarding the same.
5.15 If we don’t enforce our rights, it doesn’t forego or reduce our rights
If we fail to enforce any right or provision of this Agreement, such action does not constitute a waiver of future enforcement of that right or provision. Such a waiver will be effective only in writing and signed by an authorized representative of Induck. Our rights and remedies under this Agreement are cumulative and the exercise of any such right or remedy does not limit our ability to exercise any other such right or remedy.