Terms of Use

Last updated: November 05, 2020

The following Terms of Use (“Agreement”) govern your use of this website and product (“Leaderboard Systems Websites”) referred to hereafter as the “Leaderboard Systems Services.”

PLEASE CAREFULLY READ THE TERMS OF THIS AGREEMENT. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN LEADERBOARD SYSTEMS (“LEADERBOARD”) AND THE INDIVIDUAL ACCEPTING THIS AGREEMENT (“AUTHORIZED USER” OR “YOU”). THIS AGREEMENT GOVERNS YOUR ACCESS AND USE OF THE LEADERBOARD SERVICES. THE LEADERBORD’S INFORMATION COLLECTION AND USE POLICIES WITH RESPECT TO USER INFORMATION ARE SET FORTH IN THE GENERAL PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE FOR ALL PURPOSES.

BY USING THE LEADERBOARD SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ACCESS OR OTHERWISE USE THE LEADERBOARD SERVICES. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND THAT IF YOU ARE PROVIDING ANY PERSONALLY IDENTIFIABLE INFORMATION AT THE TIME OF REGISTRATION OR AT ANY TIME WHILE USING THE LEADERBOARD SERVICES.

1. WEBSITE

Subject to the terms and conditions of this Agreement, Leaderboard hereby grants to Authorized User during the Subscription Term a limited, personal, non-commercial, non-exclusive, non-transferrable, non-assignable, revocable license under copyright to reproduce a copy of the Leaderboard Mobile App on Authorized User’s mobile device solely for personal use to access the functionalities to which such Authorized User is permitted access.

2. REGISTRATION AND USER ACCOUNT

Authorized User Credentials. To the extent Authorized User has access to any LEADERBOARD SERVICES as a Registered User (defined below), Authorized User acknowledges the access credentials are personal to Authorized User and Authorized User shall not share such access credentials with any other person for any purpose. “Registered User” means an Authorized User who has access to the LEADERBOARD SERVICES by way of a user name and password or other access credentials.

3. LICENSE

a. Leaderboard Website. Subject to the terms and conditions of this Agreement, Leaderboard hereby grants to Authorized User during the Subscription Term (as defined below) a limited, personal, non-commercial, non-exclusive, non-transferrable, non-assignable, revocable access to the Leaderboard Websites to which such Authorized User is permitted access.

b. TERM/TERMINATION.

This Agreement commences on the date Authorized User accepts, accesses or otherwise uses the LEADERBOARD SERVICES and shall remain in effect while Authorized User continues to access the LEADERBOARD SERVICES or the Leaderboard terminates this Agreement (whichever is earlier) (“Subscription Term”).

The Leaderboard may terminate, change, suspend or discontinue any aspect of the LEADERBOARD SERVICES at any time with or without notice. Without limiting the foregoing, Leaderboard may restrict, suspend or terminate Authorized User’s access or use of the LEADERBOARD SERVICES if Leaderboard believes Authorized User is in breach of this Agreement or applicable law, or for any other reason without notice or liability. Upon termination of this Agreement for any reason, Authorized User must cease all use of the LEADERBOARD SERVICES. Termination of this Agreement shall not limit any of Leaderboard’s rights or remedies at law or in equity.

4. PROPRIETARY RIGHTS

Authorized User acknowledges and agrees that Leaderboard and/or its licensors own and retain all right, title, and interest in and to the LEADERBOARD SERVICES and any intellectual property contained therein, including without limitation, any and all technology, content, code, user interfaces, trademarks and other items posted thereon or used in connection or associated with the LEADERBOARD SERVICES.

Except as expressly granted in this Agreement, no license or right under any intellectual property rights in the LEADERBOARD SERVICES are granted or implied by this Agreement. Specifically, Authorized User shall not (a) modify, port, translate, localize or create derivative works of the LEADERBOARD SERVICES or the intellectual property contained therein; (b) decompile, disassemble, reverse engineer or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of the LEADERBOARD SERVICES or intellectual property contained therein by any means whatsoever, or disclose any of the foregoing; or (c) sell, lease, license, sublicense, copy (except as provided in Section 1(b) with respect to the Leaderboard Mobile Apps), market, distribute or offer as a service the LEADERBOARD SERVICES or the intellectual property contained therein. Authorized User shall not remove, obscure or alter any copyright or trademark notices or any trademarks contained in the LEADERBOARD SERVICES.

The trademarks, logos, service marks and trade names that may be displayed on or within the LEADERBOARD SERVICES are registered and unregistered trademarks of the Leaderboard and other entities or persons (collectively, the “Trademarks”), and may not be used by Authorized User unless authorized in writing by the Trademark owner. Nothing contained in the LEADERBOARD SERVICES should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on or within the LEADERBOARD SERVICES without the Leaderboard’s written permission or that of the third party rights holder.

5. SUBMITTED MATERIALS

Unless specifically requested, the Leaderboard does not solicit, nor does the Leaderboard wish to receive, any confidential, secret or proprietary information or other material from Authorized User through the LEADERBOARD SERVICES, by e-mail or in any other way. Any information, proposals, requests, creative works, pictures, photographs, documents, letters, demos, ideas, suggestions, concepts, methods, systems, designs, drawings, renderings, plans, techniques or other materials (collectively “Submitted Materials”) submitted, posted, uploaded or sent or transmitted on or through the LEADERBOARD SERVICES in any manner will be deemed not to be confidential or secret, and may be used by the Leaderboard in any manner consistent with this Agreement.

By submitting, uploading, posting or sending Submitted Materials through, to or on the LEADERBOARD SERVICES, Authorized User: (A) represent and warrant that either (i) Authorized User’s Submitted Materials are original to Authorized User and that no other party has any rights thereto or (ii) that Authorized User has the necessary licenses, rights, consents and permissions to use such Submitted Materials and use them in the LEADERBOARD SERVICES for the use of the Leaderboard and its applicable service providers in accordance with this Agreement, and that any “moral rights” in the Submitted Materials have been waived; and (B) Authorized User grants to the Leaderboard and its service providers, a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such material (in whole or part) and/or to incorporate it (in whole or in part) in other works, products or services in any form, media, or technology now known or later developed. The Leaderboard cannot be responsible for maintaining any Submitted Material that Authorized User provides to the Leaderboard on or through LEADERBOARD SERVICES, and the Leaderboard may delete or destroy any such Submitted Material at any time.

6. PRIVACY POLICY

To the extent Authorized User provides any personally identifiable information through the LEADERBOARD SERVICES, the Leaderboard treats such information in accordance with its General Privacy Policy.

7. RULES OF CONDUCT

While using or accessing the LEADERBOARD SERVICES, in addition to any other supplementary terms and conditions that may be posted or otherwise made available in connection with particular components, areas or features on the LEADERBOARD SERVICES, Authorized User agrees not to:

  • impersonate any person or entity or misrepresent Authorized User’s affiliation with any other person or entity;
  • use, resell, redistribute, republish or exploit in whole or in part any portion of the LEADERBOARD SERVICES (including its content) for any commercial or promotional purposes, or contact any other user of the LEADERBOARD SERVICES for commercial or promotional purposes, or offer to buy or sell any product or service on or through Authorized User’s activities on the LEADERBOARD SERVICES or in a Forum (as defined below) on the LEADERBOARD SERVICES except as authorized by Leaderboard;
  • alter, edit, delete, remove, fail to display, otherwise change the meaning or appearance of, or repurpose any component of the LEADERBOARD SERVICES or its contents, including, without limitation, any trademarks, trade names, logos, service marks, promotional taglines, or any other proprietary content or proprietary rights notices;
  • obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the LEADERBOARD SERVICES through any means, including through means not intentionally made publicly available or provided for in the LEADERBOARD SERVICES;
  • engage in spidering, screen scraping, database scraping, harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on LEADERBOARD SERVICES, or obtaining lists of users or other information from or through the LEADERBOARD SERVICES, including, without limitation, any information residing on any server or database connected to the LEADERBOARD SERVICES;
  • use the LEADERBOARD SERVICES or any of its respective features and services in any manner that could interrupt, damage, disable, overburden or impair the LEADERBOARD SERVICES or interfere with any other party's use and enjoyment of the LEADERBOARD SERVICES, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
  • circumvent, reverse engineer, decrypt, or otherwise alter or interfere (or attempt, encourage or support anyone else’s attempt to do any of the foregoing) with the LEADERBOARD SERVICES, in whole or in part;
  • frame any part of the Leaderboard Website in any third party sites or content, or any third party sites or content in any Leaderboard Website, in any manner that would constitute or could be interpreted as an endorsement or sponsorship by the Leaderboard or its service providers of any third party site, content, information or other materials, or in any manner that would violate the terms and conditions of any such third party sites;
  • upload, post, transmit, distribute or otherwise publish to, on or through the LEADERBOARD SERVICES, any information, content or materials which are false, fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, including without limitation, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
  • use the LEADERBOARD SERVICES to, or in any other manner, violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;
  • upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind; or
  • use the LEADERBOARD SERVICES, in whole or in part, in violation of any applicable law.

8. PUBLIC FORUMS

The LEADERBOARD SERVICES may include certain features that allow Authorized Users to interact and communicate with each other and/or with the general public (“Forums”). All terms and conditions set forth in this Agreement (as well as any other applicable, supplementary terms and conditions posted or otherwise made available in connection with particular features or services on the LEADERBOARD SERVICES), are applicable to Authorized User’s use of the Forums. It is important to remember that content submitted to a Forum may be recorded and stored in multiple places, both on databases that service the LEADERBOARD SERVICES and elsewhere on the Internet, and Authorized User may have no control over who will access or view them eventually. Therefore, Authorized User should be careful and selective about the information that Authorized User choose to disclose in such Forums and on the LEADERBOARD SERVICES in general about Authorized User and others, and in particular, Authorized User should not disclose any sensitive, personally identifiable, proprietary or confidential information in Authorized User’s submissions to the Forums.

9. RIGHT TO MONITOR AND EDITORIAL CONTROL

The Leaderboard reserves the right (but does not have nor assume any obligation) to monitor and/or review all information and materials posted or otherwise submitted to the LEADERBOARD SERVICES (including, without limitation, the Forums). The Leaderboard is not responsible for any such materials. However, the Leaderboard reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in the Leaderboard’s sole discretion, are objectionable or in violation of Agreement, the Leaderboard’s policies or applicable law. The Leaderboard may also impose limits on certain features or restrict Authorized User’s access to part or all of the LEADERBOARD SERVICES, without notice or penalty, if the Leaderboard believes Authorized User is in breach of this Agreement or applicable law, or for any other reason without notice or liability.

10. THIRD PARTY WEBSITES AND PRODUCTS

a. Links and Integrated Applications. Authorized User may be able to link from the LEADERBOARD SERVICES to third party web sites and/or third party web sites may link to the LEADERBOARD SERVICES (in each case, such third party web site is referred to as a “Linked Site”). The LEADERBOARD SERVICES may also be integrated with third party applications to provide Authorized User with additional features and an enhanced experience (“Integrated Applications”). Authorized User acknowledges and agrees that the Leaderboard has no responsibility for any information, content, advertising, products, services or other materials on any Linked Sites or Integrated Applications, and that Integrated Applications and links to Linked Sites do not necessarily constitute an endorsement, approval or sponsorship thereof by the Leaderboard. If Authorized User chooses to rely on any Linked Site or Integrated LEADERBOARD SERVICES, Authorized User is doing so at Authorized User’s own risk and Authorized User assumes all responsibilities and consequences resulting from such choice. Linked Sites and Integrated Applications may be subject to separate end user license agreements, terms or service or terms of use.

b. Linking to the LEADERBOARD SERVICES. You agree that, without the prior express permission of the Leaderboard: (a) you are not permitted to link directly to any image hosted on the LEADERBOARD SERVICES, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site; and (b) you may not link from any other web site to a Leaderboard Website in any manner such that a Leaderboard Website, or any page of a Leaderboard Website, is “framed,” surrounded or obfuscated by any third party content, materials or branding. The posting or creation of a link to any Leaderboard Website signifies that you have read the restrictions described herein and agree to abide by their terms. The Leaderboard may, in its sole discretion, insist that any link to a Leaderboard Website be discontinued, and the Leaderboard may revoke your right to link to a Leaderboard Website from any other web site at any time upon written notice to you.

11. ORDERS FOR PRODUCTS AND SERVICES

We may make certain products and services available for purchase or download to users of the LEADERBOARD SERVICES. You may only order products or services if, and you hereby represent and warrant that, you are domiciled in the United States and you are 18 years old (or the age of majority in your jurisdiction) or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to the Leaderboard. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products and services that you may be able to purchase or download on or through the LEADERBOARD SERVICES may be subject to additional terms and conditions presented to you at the time of such purchase or download.

12. INDEMNIFICATION

Authorized User agrees to defend, indemnify and hold the Leaderboard, and its directors, officers, employees, agents, service providers and licensors harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from (i) Authorized User’s use of the LEADERBOARD SERVICES, (ii) Authorized User’s Submitted Materials, in whole or in part, or (iii) Authorized User’s breach or violation of the law or this Agreement. The Leaderboard reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Authorized User, and in such case, Authorized User agrees to cooperate with any such defense.

13. DISCLAIMER OF WARRANTIES

TO THE EXTENT PERMITTED BY LAW, THE LEADERBOARD SERVICES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, FORUMS, CONTENT, FUNCTIONS, DOWNLOADS AND MATERIALS CONTAINED THEREIN, IS PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE Leaderboard HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED.

TO THE EXTENT PERMITTED BY LAW, THE Leaderboard DOES NOT WARRANT THAT THE LEADERBOARD SERVICES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, FORUMS, CONTENT, FUNCTIONS, DOWNLOADS AND MATERIALS CONTAINED THEREIN, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL.

TO THE EXTENT PERMITTED BY LAW, Leaderboard MAKES NO WARRANTY THAT THE LEADERBOARD SERVICES, IN WHOLE OR IN PART, WILL MEET AUTHORIZED USER REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY AUTHORIZED USER FROM Leaderboard, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Leaderboard ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, AUTHORIZED USER’S COMPUTER OR MOBILE EQUIPMENT OR ANY OTHER PROPERTY ON ACCOUNT OF AUTHORIZED USER’S ACCESS TO, USE OF, OR BROWSING IN THE LEADERBOARD SERVICES OR AUTHORIZED USER’S DOWNLOADING OF THE Leaderboard MOBILE APP OR THE AUTHORIZED USER’S DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE LEADERBOARD SERVICES.

IF AUTHORIZED USER IS DISSATISFIED WITH THE LEADERBOARD SERVICES, AUTHORIZED USER SHOULD DISCONTINUE USE. Leaderboard DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY SITE CONTENT OR ANY SUBMITTED MATERIALS, OR ANY OPINION, RECOMMENDATION, CONTENT, LINK, DATA OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND Leaderboard EXPRESSLY DISCLAIMS, TO THE EXTENT PERMITTED BY LAW, ANY AND ALL LIABILITY IN CONNECTION WITH SUBMITTED MATERIALS AND ANY OTHER CONTENT, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE LEADERBOARD SERVICES CREATED OR PROVIDED BY AUTHORIZED USERS OR OTHER THIRD PARTIES.

14. LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL Leaderboard OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, LEADERBOARD SERVICES OR CONTENT, MATERIALS AND FUNCTIONS OF OR RELATED THERETO, AUTHORIZED USER’S PROVISION OF INFORMATION OR CONTENT VIA THE LEADERBOARD SERVICES, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO AUTHORIZED USER FOR ANY DIRECT DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR AUTHORIZED USER’S USE OF THE LEADERBOARD SERVICES EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE AMOUNT(S), IF ANY, PAID BY YOU TO THE Leaderboard FOR YOUR USE OF ANY Leaderboard WEBSITE, OR (B) TEN DOLLARS ($10). AUTHORIZED USER UNDERSTANDS AND AGREES THAT (I) THE MUTUAL AGREEMENTS MADE IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK, AND (II) THE PARTIES HERETO WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON LIABILITY.

15. JURISDICTIONAL ISSUES

The Leaderboard does not represent that the LEADERBOARD SERVICES or any contents contained therein are appropriate or available for use in any location outside of the United States. Authorized Users who choose to access the LEADERBOARD SERVICES from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. To the extent local laws require additional terms, this Agreement may be subject to separate jurisdictional terms, if any and as applicable.

16. CHANGES TO THIS AGREEMENT

Leaderboard has the right to change or modify this Agreement, or to impose new conditions on Authorized User’s use of the LEADERBOARD SERVICES, at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting within the LEADERBOARD SERVICES, by electronic mail, by messaging, or by any other means from which Authorized User may obtain notice thereof. Any use of the LEADERBOARD SERVICES by Authorized User subsequent to such notice shall be deemed to constitute Authorized User’s acceptance of such changes, modifications, additions, or deletions.

17. COPYRIGHT

Leaderboard respects the intellectual property rights of others and require that the people who use the products and services of the Leaderboard do the same. If any person or entity believes that content in the LEADERBOARD SERVICES has been copied in a way that constitutes copyright infringement, please forward the following information to the Leaderboard’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (the “DMCA”), named below:

  • Authorized User’s address, telephone number, and email address;
  • A description of the copyrighted work that Authorized User claims has been infringed;
  • A description of where the alleged infringing material is located;
  • A statement by Authorized User that Authorized User has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by Authorized User, made under penalty of perjury, that the above information in Authorized User’s Notice is accurate and that Authorized User is the copyright owner or authorized to act on the copyright owner's behalf.

Copyright Agent Email: leaderboardsystems@gmail.com

Leaderboard will respond to notices of claimed copyright infringement in accordance with the DMCA.

18. MISCELLANEOUS

This Agreement and the relationship between Authorized User and the Leaderboard shall be governed by the laws of the United States and the State of Connecticut, without regard to its conflict of law provisions. Authorized User agrees that any cause of action that may arise under this Agreement shall be commenced and be heard in the appropriate court in the State of Connecticut. Authorized User agrees to submit to the personal and exclusive jurisdiction of the courts located within the State of Connecticut. The Leaderboard’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.