Terms of Service

The “Friend of Nicole” Referral Program Agreement

The following is an Agreement between you (the “Friend”) and Nicole Thomas (“NTT”) which governs the terms and conditions of your participation in the “Friend of Nicole” Referral Program located at the website operated and maintained by Nicole Thomas, (Nicole the Math Lady.)

  1. ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Your participation in the Friend of Nicole Program is conditioned on your prior acceptance of the terms and conditions of this Agreement. By clicking on the I AGREE button provided below this Agreement you are agreeing to become a party to this Agreement as a Friend and to be bound by the terms and conditions of this Agreement. You agree to use the Nicole the Math Lady website and to participate in the Friend of Nicole Program solely in accordance and compliance with the terms of this Agreement.

The Friend shall complete the Friend of Nicole Referral Program registration accompanying this Agreement on the Nicole the Math Lady website. The Friend warrants and represents that all information contained in its registration is true, accurate and complete. NTT reserves the right to accept or reject the Friend for participation in the Friend of Nicole Program in its sole discretion.

  1. MODIFICATIONS OF THIS AGREEMENT.

NTT reserves the right, in its sole discretion, to modify and amend this Agreement in any manner at any time by posting a change notice or new agreement on the Nicole the Math Lady website or by emailing the Friend with a change notice or new agreement at the email address provided by the Friend as part of the registration process (the “Friend’s email address”). Your continued participation in the Friend of Nicole Program constitutes your prior acceptance of the terms of such change notice or new agreement.

  1. ADDITIONAL TERMS.

Certain features, functions, and sections of the Nicole the Math Lady website and the purchase of products and services may be subject to additional posted terms and conditions governing the use of such features, functions and sections and the purchase of such products and services. Such additional posted terms and conditions are expressly incorporated into and made a part of this Agreement. In addition, NTT may establish guidelines, policies, and codes of conduct governing participation in the Friend of Nicole Program and use of the Nicole the Math Lady website and all such posted guidelines, policies, and codes of conduct are expressly incorporated into and made a part of this Agreement.

This Agreement incorporates the terms and conditions of the NTT Terms of Use Agreement.  You understand and acknowledge that your participation in the Friend of Nicole Program and your use of the Nicole the Math Lady website is subject to the terms and conditions of the NTT Terms of Use Agreement.

  1. LINKS.

As soon as is practical after NTT receives and processes the Friend’s registration, NTT shall send an email to the Friend indicating the registration’s participation status (accepted/denied) in the Friend of Nicole Program. At that time, NTT shall provide the Friend with a Friend ID number, user name, password, discount promotion codes/text and instructions on how to create referral links (“the links”) between the Friend’s email messages/website and the Nicole the Math Lady website that will allow the Friend to access and download certain text and graphics. All such instructions, text, graphics and other material provided to the Friend by NTT are hereinafter referred to as “NTT Content”.

The establishment, placement, and maintenance of the Links and the NTT Content on the Friend website are the sole responsibility of the Friend provided, however, that NTT reserves the right to direct the Friend to remove or revise a Link or any NTT Content and the Friend will so remove or revise such Link or NTT Content upon notice from NTT.

The Friend shall only use NTT Content in emails or websites in connection with referrals for the participation in the Friend of Nicole Program. NTT reserves the right to revise or substitute the Links and any of NTT Content and the Friend agrees to use such revised or substituted Links and NTT Content upon receipt from NTT.  Coupon code aggregators are not allowed as members in the Friend of Nicole Program.  Any such accounts that have been created will be deactivated.

The Friend understands and acknowledges that for a hyperlink to qualify for participation in the Friend of Nicole Program, the link must be created through use of the URL Generator on the Friend of Nicole Referral Program website.  https://nicolethemathlady.com/affiliate-area/

  1. INTELLECTUAL PROPERTY RIGHTS.

All right, title and interest in the Links and the NTT Content are and remain in and with NTT. No license or permission is given to the Friend to use the Links and the NTT Content except to the extent specifically provided herein.

All trademarks, registered trademarks, trade names, product names, corporate names, graphics and logos used on the Nicole the Math Lady website are owned by NTT. All rights in and to such trademarks, registered trademarks, trade names, product names, corporate names, graphics and logos are reserved to their respective owners. No license or permission is given to the Friend to use such trademarks, registered trademarks, trade names, product names, corporate names, graphics or logos in any manner except to the extent specifically provided to the contrary herein.

The copyright in the Nicole the Math Lady website, the content of the Nicole the Math Lady website, and software utilized in the Nicole the Math Lady website are owned by NTT. All rights in and to such copyrights are reserved to their respective owners. No license or permission is given to the Friend to use such copyrighted material in any manner.

The Friend shall not remove, modify, or alter in any manner any notice regarding copyright, trademark, proprietary rights, warranty information, disclaimers, or warn­ings which are included in or on the NTT Content, the Nicole the Math Lady website or any service or product offered for use or sale through the Nicole the Math Lady website.

The Friend shall not decompile, reverse engineer, disassemble or otherwise reduce the Links of any of the NTT Content to a human perceivable form or permit any other party to do so.

THE USE OF THE LINKS, THE NTT CONTENT, THE NICOLE THE MATH LADY WEBSITE, THE CONTENT OF THE NICOLE THE MATH LADY WEBSITE, THE SOFTWARE UTILIZED BY THE NICOLE THE MATH LADY WEBSITE, AND ANY SERVICE OR PRODUCT OFFERED FOR SALE THROUGH THE NICOLE THE MATH LADY WEBSITE, EXCEPT AS EXPRESSLY PERMITTED, IS STRICTLY PROHIBITED AND SHALL CONSTITUTE AN INFRINGEMENT ON THE INTELLECTUAL PROPERTY RIGHTS AND OTHER RIGHTS OF NTT, ITS FRIEND COMPANIES, ITS LICENSORS OR SUPPLIERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

  1. LIMITED LICENSE.

During the term of this Agreement, NTT hereby grants, subject to the terms and conditions of this Agreement, a non-exclusive, non-transferable, limited license to reproduce and display the Links and the NTT Content on the Friend website and through emails solely in connection with the Friend’s participation in the Friend of Nicole Program. All such use by the Friend of the Links shall be subject to the approval of NTT and the Friend shall revise such use or cease such use upon notice from NTT. Any and all goodwill associated with the use of the Links and the NTT Content shall inure exclusively to the benefit of NTT.

  1. RESPONSIBILITY FOR FRIEND WEBSITE AND PROPER USAGE.

The Friend is solely responsible for the ownership, development, operation, and maintenance of the Friend website and all software and hardware used in connection therewith.

The Friend shall not operate the Friend website nor use the Nicole the Math Lady website (a) in any unlawful manner or in any manner that creates civil or criminal liability on the part of NTT or is otherwise harmful to NTT; (b) in any manner that could damage, disable, overburden, impair, impede, disrupt, or alter the Nicole the Math Lady website; and (c) in any manner that would interfere, impair, impede, or disrupt the use of the Nicole the Math Lady website by any third party.

The Friend shall not post on or transmit through the Friend website or the Nicole the Math Lady website any material that is unlawful; libelous; constitutes an invasion of privacy; harmful; threatening; abusive; harassing; defamatory; vulgar; obscene; sexually explicit; profane; hateful; racially, ethnically, or otherwise objectionable in any manner; constitutes a breach of contractual and/or fiduciary obligations; infringes on any third party patent, trademark, trade name, corporate name, trade secret, copyright or other proprietary or property rights; or, contains viruses, Trojan horses, worms or other code, scripts, routines, files or programs designed to alter, interrupt, impede, limit or destroy the performance and/or functioning of any software, hardware, or other equipment.

The Friend shall comply with all laws, statutes, ordinances, rules, regulations, and orders applicable to the Friend and the operation of the Friend’s business including, without limitation, those governing the use of electronic mail or other communications.

The Friend shall not develop, maintain or operate the Friend website in any manner as to copy or resemble the appearance of the Nicole the Math Lady website or as to create the impression that the Friend website is part of the Nicole the Math Lady website or that the Friend website is owned, operated or maintained by NTT. The uniform resource locators (URLs), domain names, and other identifiers of the Friend website including, without limitation, website names, website descriptions, and meta information, shall not contain, in whole or in part, any trademarks, trade names, product names, company names, corporate names, or logos which are owned by NTT or its Friend companies or which are derivatives thereof or confusingly similar thereto without the expression written permission of NTT. The Friend shall not contract or otherwise arrange with any third party to use or otherwise exploit the trademarks, trade names, product names, company names, corporate names, or logos which are owned by NTT or its Friend companies or which are derivatives thereof or confusingly similar thereto for purposes of causing the Friend website to appear as a search result of any search engine or for any other reason.

The Friend shall not “spider” or “crawl” the Nicole the Math Lady website or use any other program, device, script or tool to monitor or explore the Nicole the Math Lady website in order to retrieve information or content contained on the Nicole the Math Lady website. NTT shall have the right to “spider” or “crawl” the Friend website or use any other program, device, script or tool to monitor or explore the Friend website in order to ensure the quality and reliability of the Links and the Friend’s compliance with the terms of this Agreement. The Friend shall take no action to block, impede, or interfere with such monitoring and exploring of the Friend website by NTT.

NTT disclaims and shall have and assume no liability whatsoever arising from the ownership, development, operation, maintenance, and use of the Friend website. The Friend agrees to, and hereby does, indemnify and hold NTT harmless from and against any and all liabilities, damages, losses, costs, and expenses, including, without limitation, attorney’s fees, to any third party arising directly or indirectly from the ownership, development, operation, maintenance, and use of the Friend website.

  1. ORDER PROCESSING.

NTT shall have the sole right and responsibility for processing and fulfilling product orders placed by Customers through the use of the Links as hereinafter provided. NTT’s responsibilities shall include order entry, payment processing, packing, shipping, cancellations, returns, and customer service. All such product orders and sales are at the price and subject to such terms and conditions as NTT shall determine in its sole discretion. NTT reserves the right to refuse an order for any reason and shall have no liability to the Friend for any order so refused.

The parties acknowledge and agree that all users who visit the Nicole the Math Lady website, including, without limitation, all Customers who place product orders through the use of the Links, are customers of NTT and are subject to the guidelines, policies, procedures, codes of conduct, and other terms and conditions imposed by NTT.

  1. CONSIDERATION.

In consideration of the Friend establishing, placing, and maintaining the Links on the Friend website, and of all other obligations and agreements of the Friend hereunder, NTT shall pay to the Friend during the term hereof a fee based on the Net Sales Price for all products and services purchased by a Customer through the use of the Links in accordance with the following schedule:

Total Sales

Friend Referral Fee All Products 15%

In order to qualify for the fee provided herein above, the Customer must have connected directly to the Nicole the Math Lady website through the use of the promotion codes or Links created by an active Friend account in the URL Generator and placed items in their shopping cart during the timed browsing session commencing with the Customer’s connection to the Nicole the Math Lady website and terminating upon the expiration of the timed browsing session. The browsing session will remain active for four (4) hours after the last link is clicked on the Nicole the Math Lady website. If the Customer leaves the Nicole the Math Lady website and returns within this four (4) hour period, their browsing session will be reset and the Customer will still be deemed a referral of Friend. All items placed into the Customer’s shopping cart during an active Friend browsing session will be credited to Friend if such items are purchased before the expiration of fifteen (15) days from the date an item was placed in the shopping cart. If the Customer leaves the Nicole the Math Lady website and returns to the Nicole the Math Lady website during the active Friend browsing session through the link of another Friend of Nicole, Partner, or other referral source tracked by NTT, the original active Friend browsing session will end for Friend and no further sales will be credited to Friend for this Customer.  Only sales where a Friend’s promotion code or Friend-specific link has been used will be credited to a Friend’s account.  No sales will be credited retroactively if the promotion code or link was not used.  Referral fees will only be credited to a Friend’s account for new customers only and not Nicole the Math Lady membership renewals.

The term “Net Sales Price” as used herein shall mean the gross revenue received by NTT from Customers for products and services purchased from NTT through the use of the Links as herein provided less sales taxes, duties, other taxes, shipping fees, handling fees, gift-wrapping charges, service charges, returns, and other charges incurred by the Customer.

NTT will make payment to the Friend of all fees due, less any taxes required to be withheld under applicable law, weekly.  NTT may deduct and set-off from any fee due to the Friend from refunds of customers using the Friend’s link, any over-payment previously made by NTT to the Friend and any other amounts due from the Friend to NTT under this Agreement or otherwise.

Friends earning $600 or more must provide a W-9 form upon request and will be sent a 1099 Form for Nonemployee Compensation.

All fees will be paid to the friend via the Friend’s PayPal email. The Friend is solely responsible for keeping its email address information as is on file with NTT current and accurate.

NTT will post information regarding sales generated as a result of product orders placed through the use of the Links in a password protected area of the Friend of Nicole Referral Area which is available at https://nicolethemathlady.com/affiliate-area/

  1. FRIEND’S WARRANTIES AND REPRESENTATIONS.

The Friend hereby warrants and represents as follows: (a) this Agreement has been duly and validly executed and delivered by or on behalf of the Friend and constitutes a legal, valid, and binding obligation of the Friend in accordance with the terms and conditions hereof; (b) that, if the Friend is a natural person, the Friend is at least eighteen (18) years of age; (c) that the Friend has the full power and authority to enter into this Agreement; and (d) that the Friend’s execution of, delivery of, and performance under this Agreement do not constitute a violation of law or a breach of the Friend’s contractual and/or fiduciary obligations or a infringement on any third party patent, trademark, trade name, corporate name, trade secret, copyright or other proprietary or property rights.

You further agree to all of the following special terms:

  1. Non-Solicitation: Friend agrees, warrants and represents that for as long as Friend participates in the Friend of Nicole Program, it shall not engage in any solicitation activities in behalf of NTT or NTT’s including, but not limited to: distributing flyers, coupons, newsletters and other printed promotional materials, or electronic equivalents;
  2. Additional Termination Rights: NTT shall have the right to terminate Friend’s participation in the Friend of Nicole Program immediately upon written notice to Friend in the event that NTT determines, in its sole and absolute discretion, that Friend (a) has breached or are breaching any of the provisions set forth in these special terms, or (b) have engaged or are engaging in any other activity which could reasonably cause NTT to be deemed a sales tax retailer in any state.
  3. DISCLAIMER OF WARRANTY; DISCLAIMER OF CONSEQUENTIAL DAMAGES; INDEMNIFICATION; AND LIMITATIONS ON NICOLE THOMAS’ LIABILITY.

THE FRIEND OF NICOLE PROGRAM, THE NICOLE THE MATH LADY WEBSITE, THE CONTENT OF THE NICOLE THE MATH LADY WEBSITE, THE SOFTWARE UTILIZED BY THE NICOLE THE MATH LADY WEBSITE, AND ANY SERVICE OR PRODUCT OFFERED FOR SALE THROUGH THE NICOLE THE MATH LADY WEBSITE ARE PROVIDED ON AN “AS IS” BASIS AND NTT MAKES NO WARRANITES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE FRIEND OF NICOLE PROGRAM, THE NICOLE THE MATH LADY WEBSITE, THE CONTENT OF THE NICOLE THE MATH LADY WEBSITE, THE SOFTWARE UTILIZED BY THE NICOLE THE MATH LADY WEBSITE, AND ANY SERVICE OR PRODUCT OFFERED FOR SALE THROUGH THE NICOLE THE MATH LADY WEBSITE.

NTT HEREBY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER OBLIGATIONS OR LIABILITIES ON NTT’S PART RELATING TO THE FRIEND OF NICOLE PROGRAM, THE NICOLE THE MATH LADY WEBSITE, THE CONTENT OF THE NICOLE THE MATH LADY WEBSITE, THE SOFTWARE UTILIZED BY THE NICOLE THE MATH LADY WEBSITE, AND ANY SERVICE OR PRODUCT OFFERED FOR SALE THROUGH THE NTT WEB SITE, AND NTT NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR NTT ANY OTHER LIABILITIES OR OBLIGATIONS.

NTT MAKES NO WARRANTY OR REPRESENTATION, AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, AS TO THE TRUTH, ACCURACY, COMPLETENESS, RELIABILITY, OR CURRENCY OF ANY INFORMATION CONTAINED ON THE NICOLE THE MATH LADY WEBSITE, IN THE CONTENT OF THE NICOLE THE MATH LADY WEBSITE, OR IN OR ON ANY SERVICE OR PRODUCT OFFERED FOR SALE THROUGH THE NTT WEB SITE.

NTT MAKES NO WARRANTY OR REPRESENTATION, AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, THAT THE OPERATION OF THE NICOLE THE MATH LADY WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE NTT WEB SITE IS FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER CODE, SCRIPTS, ROUTINES, FILES OR PROGRAMS DESIGNED TO ALTER, INTERRUPT, IMPEDE, LIMIT OR DESTROY THE PERFORMANCE AND/OR FUNCTIONING OF ANY SOFTWARE, HARDWARE, OR OTHER EQUIPMENT.

NTT SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXPENSE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR DAMAGE TO ANCILLARY OR ATTACHED EQUIPMENT OR COMPONENTS THEREOF OR FOR LOSS OR NON-RECOVERABILITY OF ANY DATA OR STORED INFORMATION.

NTT SHALL HAVE NO LIABILITY TO ANY THIRD PARTY ARISING FROM THE USE OF THE NTT WEB SITE, THE CONTENT OF THE NICOLE THE MATH LADY WEBSITE, THE SOFTWARE UTILIZED BY THE NTT WEB SITE, AND ANY SERVICE OR PRODUCT OFFERED FOR SALE THROUGH THE NTT WEB SITE.

THE AGGREGATE LIABILITY OF NTT WHATSOEVER ARISING UNDER THE TERMS OF THIS AGREEMENT OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT OR PARTICIPATION IN THE FRIEND OF NICOLE PROGRAM SHALL NOT EXCEED THE AGRREGATE TOTAL OF FEES PAID UNDER THIS AGREEMENT BY NTT TO THE FRIEND DURING THE SIX (6) MONTHS PRIOR TO THE DATE THE CLAIM AROSE.

SOME STATES DO NOT ALLOW FOR EXCLUSION OF AND/OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

THE FRIEND AGREES TO, AND HEREBY DOES, INDEMNIFY AND HOLD NTT HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES, TO ANY THIRD PARTY ARISING DIRECTLY OR INDIRECTLY FROM THE FRIEND’S USE OF THE NICOLE THE MATH LADY WEBSITE, THE CONTENT OF THE NICOLE THE MATH LADY WEBSITE, THE SOFTWARE UTILIZED BY THE NICOLE THE MATH LADY WEBSITE, AND ANY SERVICE OR PRODUCT OFFERED FOR SALE THROUGH THE NICOLE THE MATH LADY WEBSITE.

THE FRIEND AGREES TO, AND HEREBY DOES, INDEMNIFY AND HOLD NTT HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES, ARISING FROM THE FRIEND’S BREACH OF OR DEFAULT UNDER THE WITHIN AGREE­MENT.

  1. TERM AND TERMINATION.

The term of this Agreement shall commence upon the acceptance by NTT of the Friend’s Friend of Nicole Program registration and shall continue until terminated by either party in accordance with the terms of this Agreement.

Either party may terminate this Agreement at any time, with or without cause, upon written notice to the other party as hereinafter provided.

Upon termination of this Agreement, the Friend shall immediately remove all Links and NTT Content from the Friend website and shall return all Links and NTT Content to NTT.

Upon termination, the Friend shall be entitled to all fees hereunder accruing as of the date of termination provided that the related product orders are not cancelled or the product returned. NTT may withhold final payment upon termination for a reasonable period of time, not to exceed six (6) months to ensure that the correct amount is paid.

  1. ELECTRONIC COMMUNICATIONS.

The Friend consents to receive electronic communications from NTT either in the form of email sent to the Friend’s email address, the monthly Friend Newsletter or by communications posted on the Nicole the Math Lady website. The Friend acknowledges and agrees that any electronic communication in the form of such email or posting on the Nicole the Math Lady website shall satisfy any legal requirement that such communication be in writing.

  1. NOTICES.

All notices to the Friend will be sent by email to the Friend’s email address or by first class mail, postage prepaid, to the Friend at the mailing address listed by the Friend as part of the registration process. All notices to NTT shall be sent by email to nicole@nicolethemathlady.com.

  1. APPLICABLE LAW, JURISDICTION AND VENUE.

The Nicole the Math Lady website is created, controlled, owned and operated by NTT in the State of Florida. The laws of the State of Florida shall govern and control this Agreement, the performance of each party under this Agreement, participation in the Friend of Nicole Program, the use of the Nicole the Math Lady website, and the purchase of services and products through the use of the Nicole the Math Lady website. The Friend and NTT each hereby consent to the exclusive personal jurisdiction and subject matter jurisdiction of any of the courts in the State of Florida, whether federal or state, for any purpose or matter pertaining directly or indirectly to this Agreement, any purpose or matter arising from or in connection with participation in the Friend of Nicole Program, any purpose or matter pertaining to the performance of this Agreement, any purpose or manner arising from or in connection with the use of the Nicole the Math Lady website, and any purpose or manner arising from or in connection with the purchase of services and products through the use of the Nicole the Math Lady website. The Friend and NTT each agree that any action or proceeding commenced for any purpose or matter pertaining directly or indirectly to this Agreement, any purpose or matter arising from or in connection with participation in the Friend of Nicole Program, any purpose or matter pertaining to the performance of this Agreement, any purpose or manner arising from or in connection with the use of the Nicole the Math Lady website, and any purpose or manner arising from or in connection with the purchase of services and products through the use of the Nicole the Math Lady website shall be commenced and maintained only in a court in the State of Florida.

  1. RELATIONSHIP OF THE PARTIES.

The parties acknowledge and agree that there is no joint venture, partnership, employee, agency or fiduciary relationship existing between the parties and the parties do not intend to create any such relationship by this Agreement, the performance of the parties under this Agreement, or the Friend’s participation in the Friend of Nicole Program. Neither party shall have any right, by virtue of this Agreement or the Friend’s participation in the Friend of Nicole Program to make any contract, agreement, undertaking, warranty, or representation on behalf of the other party.

  1. PUBLICITY.

The Friend may not issue any press release regarding the relationship of the Friend and NTT or the terms of this Agreement nor, except for the use of the Links and the NTT Content on the Friend website specifically authorized under this Agreement, otherwise publicize or disclose to any third party the relationship of the Friend and NTT or the terms of this Agreement without the express written consent of NTT.

  1. CUSTOMER INFORMATION.

The Friend acknowledges that as the result of the Friend’s participation in the Friend of Nicole Program and the creation and maintenance of the Links, NTT may receive information about users of the Friend website and the Friend agrees that NTT and its Friends are authorized to access, receive, store, use and disclose such information. The Friend further acknowledges and agrees that NTT and its Friends are authorized to access, receive, store, use and disclose all information regarding Customers who connect to the Nicole the Math Lady website or who place product orders through the use of the Links.

  1. BINDING EFFECT AND ASSIGNMENT.

This Agreement shall be binding on and inure to the benefit of the parties hereto and their heirs, executors, administrators, personal representatives, successors and assigns. This Agreement may not be assigned by the Friend without the express written consent of NTT, which consent NTT may withhold in its sole and absolute discretion. This Agreement is freely assignable, in whole or in part, by NTT.

  1. MISCELLANEOUS.

All terms, covenants, and conditions contained herein are severable and in the event any of them shall be held to be invalid by a court of competent jurisdic­tion, this Agreement shall be interpreted as if such invalid term, covenant, or condition were not contained herein.

Headings used in this Agreement are for convenience only and shall not affect the interpretation or construction of this Agreement.

Any failure by NTT to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of NTT to enforce the provision at any subsequent time.

The remedies reserved in this Agreement shall be cumulative and in addition to any other remedies provided in law or equity.

If any provision of this Agreement or of any order is or becomes void or unenforceable by force or operation of law, the other provisions shall remain valid and enforceable.

In the event of termination of this Agreement, regardless of the manner or cause for termination, all provisions of this Agreement which by their nature survive such termination shall survive such termination. The termination of this Agreement shall not relieve or operate as a waiver of any prior breach of or default under the terms hereof.