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TERMS & CONDITIONS
AGREEMENT
Welcome to Star Image Supply Inc.
By using this Site, you agree to be bound
by, and to comply with, these Terms and Conditions unless you offer different
terms that are accepted in writing by Star Image Supply. You also agree to
comply with any guidelines or rules posted on the Site regarding any Product or
Service. All such guidelines and rules posted are hereby incorporated by
reference into these Terms and Conditions. If you are dissatisfied with the
Site, its content or Terms or Conditions or other legal notices, you agree that
your sole and exclusive remedy is to discontinue using this Site.
PLEASE NOTE: We reserve the right, at our
sole discretion, to change, modify or otherwise alter these Terms and
Conditions at any time. Unless otherwise indicated, amendments will become
effective immediately. Please review these Terms and Conditions periodically.
Your continued use of the Site following the posting of changes and/or
modifications will constitute your acceptance of the revised Terms and
Conditions and the reasonableness of these standards for notice of changes,
whether or not you actually reviewed them.
Please read these terms carefully because
they contain legal obligations.
1. PRIVACY
To understand our privacy practices and
your privacy rights please review our Privacy Policy posted on our site.
2. COMMUNICATIONS
When you visit Star Image Supply, purchase
products or services through the Site, or instigate contact through our
customer service department, you are communicating with us electronically. We
will also communicate with you via email, phone, mail or by posting notices on
and/or updates to the Site. By using the Site, you hereby agree that all
agreements, notices, disclosures and other communications that we provide to
you electronically satisfy any legal requirement that such communications be in
writing.
We welcome your feedback about the Site.
However, any comments, ideas, notes, messages, suggestions or other
communications sent to the Site shall be and remain the exclusive property of Star
Image Supply, and we may use all such communications in any manner, including
reproducing, disclosing and publishing such communications, all without
compensation to you.
3. ELIGIBILITY
Star Image Supply does not intend the Site
to be used by individuals under the age of 18 (a Minor) without the
supervision of a parent or guardian 18 years of age or older (a
Guardian). Star Image Supply relies upon Guardians to determine if
any content or items available on the Site is inappropriate for the viewing,
access or purchase by such Minors. If a User is a Minor, he/she may use the
Site only under the supervision of a Guardian. If you are making a purchase on
behalf of a business or third party through the Site you must have the
authority to bind them to these Site Terms and Conditions.
By entering any information on this Site,
you represent and warrant that you: (i) are at least 18 years of age or are
using the site under the supervision of a Guardian; (ii) are using your actual
identity; (iii) have provided only true, accurate, current and complete
information; (iv) any billing address and phone number You provide will be the
address and phone number Your credit card bank has on file for you; (v) will
maintain and promptly update the information that you provide to keep it true,
accurate, current and complete; and (vi) are not using the Site for any
improper purpose. If you provide any information that is untrue, inaccurate,
not current or incomplete, or we have reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, we may suspend or
terminate your account and refuse any and all current and future use of the
Site.
4. ORDER AND PAYMENT TERMS
You agree that Your placement of any Order
for any program or product/products offered by Star Image Supply on the Site is
sufficient to satisfy the Statute of Frauds, and no further writing is
required. Terms of payment are within Star Image Supply sole discretion, and
unless otherwise agreed in writing, payment must be received by Star Image
Supply prior to acceptance of an order. Star Image Supply may accept payment
via Visa, MasterCard, Discover and American Express (other credit or debit
cards may be added or removed at Star Image Supply sole discretion). Orders are
not binding until the order is accepted by Star Image Supply and Star Image
Supply may cancel or limit an order any time after it has been placed in its
sole discretion. Star Image Supply expressly conditions its acceptance of Your
order and Your agreement to these Terms and Conditions Site Terms.
5. SHIPPING
Unless otherwise noted, Star Image Supply
will make best efforts to ship merchandise by end of day, with the receipt of a
properly completed order, but this is only an estimate. You understand that
product availability may be limited and particular products may not be
available for immediate delivery. Star Image Supply shall not be liable for any
loss, damage, cost or expense related to any delay in shipment or delivery.
Title to any product and risk of loss passes from Star Image Supply to You upon
shipment from Companies facility.
6. CONFIRMING, CANCELING & CHANGING
YOUR ORDER/ORDERS
For orders that have already been shipped,
You can confirm the date and method of shipment, an estimated date of arrival,
and a tracking number, only if applicable. As long as Your order or merchandise
from Star Image Supply has not yet entered the shipping process, You can change
the details via telephone. Star Image Supply will not provide reimbursement for
shipping and handling charges once the order has entered the shipping process.
7. RETURNS, REFUNDS AND EXCHANGES
CONDITIONS
a) If you wish to return a product for any
reason, you must first contact our Guest Services department for a Return
Merchandise Authorization (RMA) number before sending your product back to
us.
b) If you are requesting a refund, RMAs
will be given within 30 days from the original date of shipment.
c) If you are requesting an even exchange
of any of our products due to being defective, RMAs will be given within 6
months from the original shipment date. However, we retain the right not to
service a customer who abuses our return policy system.
d) Please send your request for an RMA via
email to admin@starimagesupply.com and a picture of the cartridge if possible,
to obtain your RMA number and instructions on where to ship your return. No
returns will be accepted without an Star Image Supply Inc Return Merchandise
Authorization (RMA) number.
e) We cannot accept depleted items or items
purchased from other retailers. Make sure that you return manuals and
accessories with your return. If requesting a refund, please also enclose all
promotional items that were included with your order. Also, to expedite your
return we request that you enclose a copy of the original order receipt or
packing slip as proof of purchase.
f) After you have received an RMA number
from our Guest Services department, you must write the RMA number on the
outside of the package under our shipping address. Please do not write any
other correspondence to us on the outside of the box. All returned merchandise
must be received within ten (10) business days of the issuance of the RMA
number and return instructions. Failure to do so could result in a delay or
complete forfeiture of a refund, if applicable.
g) If you are returning an unneeded or
wrongly ordered non-defective product, you may be subject to a 15% restocking fee
at our discretion. In cases where you return one item that is unneeded or
wrongly ordered along with other defective items, we reserve the discretion
whether or not to charge you the 15% restocking fee for the unneeded/wrongly
ordered item.
h) We do not reimburse or refund you for
any shipping fees, including return shipping fees. We are not responsible for
lost or untraceable return shipments. We strongly recommend that you send your
return using a shipping company that provides you with a way to track your
package.
8. TERMS OF LIMITED WARRANTY
In addition to our 30 day money back
guarantee, we at Star Image Supply also warrant to the original customer
purchasing such products directly from Star Image Supply that all such products
sold will be free from defects in materials and workmanship affecting form, fit
and function. We have to limit any claim under this warranty to the customer
who purchased such product and only while such customer owns such product. Any
claim with respect to such products where the purchaser seeks a refund of the
purchase price must be made 1 year from the original date of shipment by Star
Image Supply. The purchaser can make claims to receive replacement product for
a period of 1 year from the original date of shipment by Star Image Supply.
The Limited Warranty covers only defects
arising under normal use and does not include malfunctions or failures
resulting from misuse, abuse, neglect, alteration, problems with electrical
power, and usage not in accordance with product instructions, acts of nature or
improper installation or repairs made by anyone other than Star Image Supply.
9. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE PRODUCTS AND SERVICES
ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. OUR
WARRANTIES ONLY COVER DEFECTS ARISING UNDER NORMAL USE AND DO NOT INCLUDE
MALFUNCTIONS OR FAILURES RESULTING FROM MISUSE, ABUSE, NEGLECT, ALTERATION,
USAGE NOT IN ACCORDANCE WITH PRODUCT INSTRUCTIONS OR ACTS OF NATURE OR THIRD
PARTIES.
EXCEPT AS EXPRESSLY PROVIDED HEREIN WE
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO (i) IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND
NON-INFRINGEMENT; (ii) WARRANTIES AS TO THE OPERATION OF SITE, OR THE
INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED OR OFFERED THEREON; (iii)
WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iv) WARRANTIES
AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT,
SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE OR THAT THE CONTENT PROVIDED
ON THE SITE IS APPLICABLE TO, OR APPROPRIATE FOR USE IN, LOCATIONS OUTSIDE OF
THE UNITED STATES; OR (v) THAT THE SITE, ITS SERVERS, OR E-MAILS SENT FROM OR
ON BEHALF OF Company ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR
OTHER HARMFUL COMPONENTS.
ANY PRODUCTS PURCHASED, MATERIAL DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION
AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR PRINTERS THAT RESULTS FROM YOUR USE OF THIS SITE, OUR PRODUCTS OR OPENING
ANY EMAIL SENT BY US. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
EXCEPT AS EXPRESSLY STATED HEREIN WE MAKE
NO WARRANTY THAT: (i) ANY PRODUCT OR SERVICE WILL MEET YOUR REQUIREMENTS; (ii)
ANY PRODUCT OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY PRODUCT OR SERVICE
WILL BE ACCURATE OR RELIABLE: (iv) THE QUALITY OF ANY PRODUCT, SERVICE,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH ANY PRODUCT
OR SERVICE WILL MEET YOUR EXPECTATIONS; OR (v) ANY DEFECTS WILL BE CORRECTED.
10. PRODUCT DESCRIPTION, TYPOGRAPHICAL
ERRORS, THIRD PARTY SITES
Star Image Supply attempts to be as
accurate as possible with our product descriptions. However, Star Image Supply
does not warrant that product descriptions or other content of this site is
accurate, complete, reliable, current, or error-free. If a product offered is
not as described, your sole remedy is to return it in unused condition. PRICES
AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THIS SITE ARE SUBJECT
TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a
product or service on this Site does not imply that the product or service is
presently available. All orders of products or services are subject to
prevailing law, including, as appropriate, export and import regulations and
boycotting restrictions, if any, imposed by governing bodies having
jurisdiction over such orders, products or services.
You should note that product comparisons do
not imply that all products compared are available, or in the case of
functional equivalency, that performance or other characteristics are exactly
comparable.
In the event a product or service is listed
at an incorrect price due to typographical error or error in pricing
information received from our suppliers, Star Image Supply shall have the right
to refuse or cancel any orders placed for product or service listed at the
incorrect price whether or not the order has been confirmed and your credit
card charged. If your credit card has already been charged for the purchase and
your order is cancelled, Star Image Supply shall issue a credit to your credit
card account in the amount of the incorrect price.
Star Image Supply is not responsible for
the content of any sites that may be linked to or from this Site. These links
are provided for your convenience only and you access them at your own risk.
Any other web site accessed from this Site is independent from Star Image
Supply, and Star Image Supply has no control over the content of that other web
site. In addition, a link to any other web site does not imply that Star Image
Supply endorses or accepts any responsibility for the content or use of such
other web site. In no event shall any reference to any third party or third
party product or service be construed as an approval or endorsement by Star
Image Supply of that third party or of any product or service provided by a
third party.
11. MODIFICATIONS TO SERVICE
We may modify, suspend or discontinue any
Product, Service or Promotion in our sole discretion without prior notice. We
reserve the right to reject any order you place with us, and/or to limit
quantities on any order, without giving any reason. If we reject your order, we
will generally attempt to notify you using the email address you gave us when
you placed the order.
12. USER CONDUCT
Any conduct by you that in our sole
discretion restricts or inhibits any other user from using or enjoying the Site
(or any linked site) will not be permitted. You agree not to access or attempt
to access the non-public areas of the Site or any other users
password-protected information or impersonate any person or entity or otherwise
falsely state or misrepresent your affiliation with a person or entity. Your
agree that your data, content, and any information provided or used on Site, as
well as your use of our Site, Products and Services will not infringe or
facilitate infringement on any copyright, patent, trademark, trade secret, or
other proprietary, publicity, or privacy rights (collectively
Rights) of any party, including the Rights of third-parties; or
contain or promote any viruses, Trojan horses, worms, time bombs or other
computer programming or code that is designed or intended to damage, destroy,
intercept, download, interfere, manipulate, or otherwise interrupt or
expropriate the Site, data, personal information, software, equipment, servers
or content or facilitate or promote hacking or similar conduct.
We may elect to electronically monitor
areas of the Site and may disclose any content, records, or electronic
communication of any kind (i) to satisfy any law, regulation, or government
request; (ii) if such disclosure is necessary or appropriate to operate the
Site; or (iii) to protect our rights or property or the rights of the users,
sponsors, providers, licensors, or merchants.
13. ACCOUNT MAINTENANCE
User accepts full responsibility for (i)
keeping his or her account password confidential and secured, (ii) restricting
access to such Users computer; and (iii) keeping the e-mail address associated
with that account current. User accepts full responsibility for all activities
that occur within such Users account. You agree to immediately notify us of any
unauthorized use of your password or account or any other breach of security. Star
Image Supply will not be responsible for any loss or damage arising from your
failure to comply with your responsibilities and obligations under these Terms
and Conditions.
We reserve the right to delete or change
any username or password at any time and for any reason. We may suspend or
terminate your account or your use of this Site at any time, for any reason or
for no reason at all. You are personally liable for any orders that you place
or charges that you incur prior to termination.
14. LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT EXCEPT AS
EXPRESSLY SET FORTH HEREIN OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR
ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING
THE SITE OR RELATED PRODUCTS OR SERVICES (COLLECTIVELY THE COMPANY
UMBRELLA) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) YOUR USE OR INABILITY TO USE THE SITE OR OUR PRODUCTS; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SITE; (v) OR ACTS OF NATURE, FORCES, OR
CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET
FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT OR OTHER
EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS,
INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES,
FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF
DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR
LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING or (vi) ANY OTHER
MATTER RELATING TO THE SITE HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY
(INCLUDING NEGLIGENCE). IN NO EVENT SHALL OUR TOTAL LIABILTY TO YOU FOR ALL
DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING BUT
NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY,
TO COMPANY OR $30.00 (WHICHEVER IS GREATER).
THE FOREGOING LIMITATIONS SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH
JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
15. INDEMNITY
By using the Site web sites you agree to
indemnify Star Image Supply and hold them harmless from any and all claims and
expenses, including (without limitation) attorneys fees, arising from your use
of the Site web sites, your use of the Products and Services, or your
submission of ideas and/or related materials to Star Image Supply or from any
persons use of any ID, membership or password you maintain with any portion of
the Site, regardless of whether such use is authorized by you.
16. COPYRIGHT AND TRADEMARK NOTICE
All marks and graphics are the property of Star
Image Supply. All rights reserved. Except as expressly provided, nothing within
the Site shall be construed as conferring any license under our or any third
partys intellectual property rights, whether by estoppels, implication, waiver,
or otherwise. Without limiting the generality of the foregoing, you acknowledge
and agree that all content available through and used to operate the Site and
its services is protected by copyright, trademark, patent, or other proprietary
rights of Star Image Supply and its affiliates, licensors, and service
providers. You agree not to: (a) modify, alter, or deface any of the
trademarks, service marks, trade dress (collectively Trademarks) or
other intellectual property made available by us in connection with the Site;
(b) hold yourself out as in any way sponsored by, affiliated with, or endorsed
by us, or any of our affiliates or service providers; (c) use any of the
Trademarks or other content accessible through the Site for any purpose other
than the purpose for which we have made it available to you; (d) defame or
disparage us, our Trademarks, or any aspect of the Site; and (e) adapt,
translate, modify, decompile, disassemble, or reverse engineer the Site or any
software or programs used in connection with it or its Products and Services.
Links to the Site without Star Image Supply express written permission are
strictly prohibited. The framing, mirroring, scraping or data mining of the
Site or any of its content in any form and by any method is expressly
prohibited.
17. INTELLECTUAL PROPERTY INFRINGEMENT
CLAIMS
It is the policy of the Company to respond
expeditiously to claims of intellectual property infringement. We will promptly
process and investigate notices of alleged infringement and will take
appropriate actions under the Digital Millennium Copyright Act
(DMCA) and other applicable intellectual property laws. Notices of
claimed infringement should be directed to:
Registered Copyright Agent
Star Image Supply LLC
1043 Andrews Drive
West Chester, PA 19380
18. PLACE OF PERFORMANCE
You understand and agree that Star Image
Supply does business only in the United States of America. Star Image Supply
does not own or operate any facilities outside of California, Pennsylvania.
References to any Star Image Supply product or service do not constitute an
offer to sell or supply that product or service, nor does it mean that the
product or service is available in all jurisdictions. Those who choose to
access this site from locations outside do so at their own initiative and are
responsible for compliance with all applicable local laws.
19. DISPUTE RESOLUTION
This Agreement will be governed by and
construed in accordance with the laws of the State of California, as it is
applied to agreements entered into and performed therein, and excluding (i) the
United Nations Convention on Contracts for the International Sale of Goods;
(ii) the 1974 Convention on the Limitation Period in the International Sale of
Goods; and (iii) the Protocol amending the 1974 Convention, done at Vienna
April 11, 1980. Any action brought to enforce this Agreement or matters related
to the Site will be brought in either the State or Federal Courts in Orange
County, California and You hereby consent to jurisdiction and venue in Orange
County, California for such purpose, waive the personal service of any process
upon them and agree that service may be effected by overnight mail (using a
commercially recognized service) or by U.S. mail with delivery receipt to the
address you provided to Company). Notwithstanding anything contained in this
Agreement to the contrary, Company shall have the right to institute judicial
proceedings against you or anyone acting by, through or under you, in order to
enforce Companies rights hereunder through reformation of contract, specific
performance, injunction or similar equitable relief. Any claim or cause of
action you have with respect to use of the Site must be commenced within one
(1) year after the claim arises.
20. NOTICE
Except as explicitly stated otherwise, any
notices provided by us may be made by an updated posting on the Site, by postal
mail or by email to the most recent address that you have provided. Notices to
us shall be given by postal mail or e-mail
21. LANGUAGE
It is the express will of the parties that
this agreement and all related documents have been drawn up in English.
22. SEVERABILITY, NON-WAIVER AND MERGER.
If any provision of these Terms and
Conditions is held to be invalid or unenforceable, the provision shall be
removed (or interpreted, if possible, in a manner as to be enforceable), and
the remaining provisions shall be enforced. Headings are for reference purposes
only and in no way define, limit, construe or describe the scope or extent of
such section. Our failure to act with respect to a breach by you or others does
not waive our right to act with respect to subsequent or similar breaches.
These Terms and Conditions set forth the entire understanding and agreement
between us with respect to the subject matter contained herein and supersede
any other agreement, proposals and communications, written or oral, between Star
Image Supply representatives and you with respect to the subject matter hereof,
including any terms and conditions on any of customers documents or purchase
orders. ANY ADDITIONAL, DIFFERENT OR CONFLICTING TERMS AND CONDITIONS ON ANY
SUCH DOCUMENT ISSUED BY CUSTOMER AT ANY TIME ARE HEREBY OBJECTED TO BY STAR
IMAGE SUPPLY, AND ANY SUCH DOCUMENT SHALL BE WHOLLY INAPPLICABLE TO ANY SALE
MADE HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON STAR IMAGE SUPPLY.
23. NO JOINT VENTURE, NO DEROGATION OF
RIGHTS.
You agree that no joint venture,
partnership, employment, or agency relationship exists between you and Star
Image Supply as a result of these Terms and Conditions or your use of the Site.
Our performance of these Terms and Conditions is subject to existing laws and
legal process, and nothing contained herein is in derogation of our right to
comply with governmental, court and law enforcement requests or requirements
relating to your use of the Site or information provided to or gathered by us
with respect to such use.
24. ASSIGNMENT.
Star Image Supply may not assign its rights
or obligations hereunder without the express prior written consent of Star
Image Supply. This agreement shall be binding upon the heirs, successors and
assigns of the parties hereto.