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continue in full force and effect. The failure by either you or ekit.com to exercise or enforce
any right or provision of the Terms of Use shall not constitute a waiver of such right or
provision. A waiver is only effective in the specific instance and for the specific purpose for
which it was given. You agree that any cause of action arising out of or related to the Site,
the Services or the Terms of Use must commence within one (1) year after the cause of action
arose; otherwise, such cause of action is permanently barred. You cannot assign your rights
under the Terms of Use without ekit.com’s prior written approval. Except as expressly stated
otherwise, the rights and remedies under these Terms of Use do not exclude any other right
or remedy provided by law or in equity. The Terms of Use and all registration forms comprise
the entire agreement between you and ekit.com and supersedes all prior agreements
between the parties, regarding the subject matter contained herein. The Terms of Use have
been executed in the English language, which language will be controlling. No translation,
if any, of the Terms of Use into any other language will have any effect on the interpretation
of the Terms of Use or in determining the intent of the parties. All provisions in the Terms of
Use regarding representations and warranties, indemnification, disclaimers, and limitation of
liability shall survive the termination of the Terms of Use.
October 2012
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