XalMeds Terms of Service
The Website and its features are provided to you subject to your compliance with all the terms, conditions, and notices contained or referenced herein, (as well as any other written agreement between us and you). In addition, when using particular services or materials on the Website, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Service or Agreement.
You are permitted to use the Website only if you: (1) Represent that you are able to form a binding contract in your jurisdiction; (2) Comply with our Terms of Service; (3) Will not copy or distribute any part of any part of the Website in any medium without Company’s prior written authorization except as permitted through the Website’s functionality and under these Terms of Service; (4) Provide accurate and complete information when creating an account; (5) Acknowledge you are solely responsible for the activity that occurs while signed in to or while using the Website; (6) Don’t collect any personally identifiable information, including full names, physical addresses, or e-mail addresses, for commercial purposes; and (7) Acknowledge your sole responsibility for your content submissions, including discussion posts, profile information and links, pictures, and other such content. The Website is available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Website is not available to children (persons under the age of 18) or users who have had their user account temporarily or permanently deactivated. By becoming a user, you represent and warrant that you are at least 18 years old and that you have the right, authority, and capacity to enter into and abide by the terms and conditions of this Agreement.
YOUR USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT THE WEBSITE NOW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE, IS TO STOP USING THE WEBSITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE WEBSITE.
In these Terms of Service, we use the terms "you", "your" to mean any person using our Website, and any organization or person using the Website on an organization’s behalf. As used in these Terms of Service, "User(s)" refers to any individual using the Website.
XalMeds is operated by Xulbara Health Solutions OPC, a Cebu City, Philippines based on demand pharmaceutical, medical devices, foods wholesale and retail offering tech enabled services online ordering and delivery system. We sell retail prescriptions at wholesale prices while offering free 24-48 hour deliveries with optional quick 1-4 hour delivery at fair courier rates.
4F-08, Avon Plaza. Bldg., Osmena Blvd., Capitol Site,
Cebu City, Cebu 6000
XalMeds does not engage in the sale of controlled or narcotic or compounded drugs.
Buying from XalMeds.
You must have a valid prescription from a doctor/prescriber in order to buy medications. If you wish to add items to your cart, you will be required must to enroll and email address for an account with your name, mobile number and email address. Account registration is free, allowing you to add items to your cart. You must be at least 18 years old to shop. Once you’ve added medications to your cart, you must proceed to checkout, then upload copy of prescription and ID if needed during checkout in order to finalize your order. Information you must provide includes: payment method, your name, email address, home or delivery address, and any optional personal notes and instructions. You can edit the information you provide at anytime on the Website.
Account Information and Security
When you register an account, you provide us with personal information, such as name, phone number, e-mail address. To use the Website, you agree to provide XalMeds with true, accurate, current, and complete information about yourself, and to update this information updated. Keep your Account Information current and accurate. You agree to not allow others to access your account. You alone are responsible for anything that happens from your failure to maintain security and confidentiality, such as by sharing your Account Information with others, and we will not be liable for any loss or damage resulting from your failure to comply with these obligations. If someone is using your account, notify us immediately. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. Additionally, you acknowledge that internet transmissions are never completely private or secure and you understand that any message or information you send to the Website may be read or intercepted by others, even if it is encrypted.
Payments and Fees
XalMeds form of payment is through Cash On Delivery, Online or OTC deposit in selected banks like BDO and Metrobank or Paypal/Credit/Debit cards and if you choose the latter as payment mode you will be automatically charge once you complete the checkout and submit your order.For online or OTC bank transfer and deposit, proof of payment must be sent by email, text or messenger and upon validation of real time payment only then can the order be processed and delivered on the mode of delivery selected.
We may use a third-party payment vendor ("Third-Party Payment Vendor") to process your payment. You warrant and represent that you are the valid owner or an authorized user, of the credit card or other payment card to such Third-Party Payment Vendor, and that all information you provide is accurate.
Your right to use the Website is conditional upon our receipt of payment of all fees owed to XalMeds, including Product Purchases, etc. If payment cannot be charged to your credit card or if a charge is refunded for any reason, we reserve the right to immediately either suspend or terminate your access and account, thereby terminating this agreement and all our obligations hereunder. We reserve the right to change any of the fees that we charge, or to institute new or additional fees, at any time upon notice to you.
Returns and Replacement Orders
If there is an error with your prescription purchase caused by XalMeds, we will gladly replace your order at no additional cost. We will also replace delivered order the reason of which at the buyer's fault subject to returned items stringent evaluation and inspection for any tampering, adulterations and mishandling which may affect the quality and efficacy of the returned medicines subject to additional handling cost.
Content and Intellectual Property
The Website may contain text, images, software (including images or files incorporated in or generated by the software or data accompanying such software), photographs, video, graphics, audio, features, data, designs, images, and other such similar content (collectively " Website Content"). Unless otherwise expressly identified, Website Content is owned by us or by our third-party licensors. The Website Content is protected by local and international copyright, trademark, and other laws. You may browse the Website and download Website Content solely for your personal use, provided you keep intact all copyright and other proprietary notices. Except as expressly permitted, you may not modify, copy, reproduce, republish, upload, post, transmit, hyperlink to or from, or distribute in any way Website Content from the Website, including code and software underlying this the Website, nor may you sell, transfer, or otherwise use the Website or the Website Content in commerce or for any public or commercial endeavor without our prior and express written consent. We may in our sole discretion make changes to the Website Content at any time without notice.
Health-Related Content Disclaimer
Information on the Website is not meant to substitute for the advice provided by a licensed healthcare provider or other qualified medical professional. Information available on this Website should not be used for diagnosing or treating a health problem or disease, or prescribing any medication. XalMeds does not and cannot render any medical, nursing, or professional health care advice or services, and it does not engage in the practice of medicine, nursing, or professional health care in any jurisdiction. Information on the Website should not be used to treat or diagnose a health problem without consulting your physician. You should carefully read all product packaging prior to the consumption or use of any product, and seek the advice of a licensed healthcare provider. If you suspect that you have a medical problem, promptly contact your healthcare provider.
By signing up for XalMeds, you give us consent to reach out to your prescriber(s) to validate the prescriptions.
XalMeds accept prescriptions received directly from buyer or your prescriber(s) via electronic transmission.
XalMeds does not dispense any prescription medications without prescription and only accepts prescriptions from actively licensed prescribers in good standing.
By making a purchase and/or registering with XalMeds, you attest that the medication you are purchasing is prescribed only to you from a valid, licensed prescriber. In accordance to prevailing laws and at its sole discretion, XalMeds reserves to right to refuse service of any customer we determine has intentionally falsified information or is conducting fraudulent activity.
We always appreciate feedback and are always on the lookout for ways to improve. For feedback, comments, questions, or concerns, you can contact us at email@example.com or FB Messenger: @xalmeds messenger and we will return your e-mail or chat at the soonest opportunity possible.
Guarantee and Warranty; Limitation of Liability
THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY XALMEDS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. XALMEDS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF WEBSITE, OR THE PRODUCTS, INFORMATION, CONTENT, MATERIALS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, XALMEDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. XALMEDS DOES NOT WARRANT THAT THE WEBSITE, PRODUCTS, INFORMATION, CONTENT, MATERIALS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR ELECTRONIC COMMUNICATIONS SENT FROM XALMEDS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, XALMEDS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, OR FROM ANY PRODUCTS, INFORMATION, CONTENT, MATERIALS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
IN NO EVENT WILL XALMEDS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE WEBSITE OR ANY USE OF THE WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF XALMEDS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF XALMEDS ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE OR PRODUCTS EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS OR EXCEED THE GREATER OF P1,000.00 OR THE AMOUNTS PAID BY YOU TO XALMEDS IN CONNECTION WITH THE SERVICES IN THE PRECEDING TWELVE (12) MONTH PERIOD. THE FOREGOING SHALL CONSTITUTE XALMEDS SOLE LIABILITY AND OBLIGATION, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE XALMEDS FROM AND AGAINST, AND COVENANT NOT TO SUE, FOR ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OF SERVICES, THE WEBSITE, AND THE PRODUCTS.
Usage Policy/DPA Opt-In
You represent and warrant that the owners of the phone numbers/e-mail addresses you provided to XalMeds. By providing your phone number/e-mail address/messenger account name to XalMeds, you expressly consent to XalMeds calling/messaging you at this phone number/messenger account, either in person or through an automated system. You further give permission to be contacted at the email address and/or phone number provided by autodialed calls/text messages and/or pre-recorded messages, by XalMeds, about healthcare and consumer products/services, regardless my status. Messaging and data rates may apply from your mobile carrier. You understand consent is not a condition of purchase.
Without limiting the foregoing, you agree to familiarize yourself with the legalities of any messages, calls, broadcasts, and campaigns transmitted through the Website.
You agree to indemnify and hold XalMeds, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against XalMeds by any third party due to or arising out of or in connection to your violation of these Terms of Service, or with your use of the Website.
Dispute Resolution and Arbitration
In the interest of resolving disputes between you and XalMeds in the most expedient and cost effective manner, you and XalMeds agree that every dispute arising in connection with these Terms of Service will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge, may allow for more limited discovery than in court, and is subject to very limited (if any) review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND XALMEDS ARE EACH WAIVING THE RIGHT TO A TRIAL OR TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
Despite the provisions of the preceding paragraph, nothing in these Terms of Service will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Any arbitration between you and XalMeds will be settled under the courts of Cebu City.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified Mail or Courier Service (signature required) or, only if such other party has not provided a current physical address, then by electronic mail ("Notice"). XalMeds’s address. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or XalMeds may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or XalMeds must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, XalMeds will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by XalMeds in settlement of the dispute prior to the arbitrator’s award; or (iii) P5,000.00
Termination of Service
XalMeds may terminate your privilege to use or access the Website immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Website and agree not access or make use of, or attempt to use, the Website. Furthermore, you acknowledge that XalMeds reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Website. You understand that XalMeds may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to XalMeds.
All provisions of these Terms of Service which by their nature should survive termination shall survive the termination of your access to the Website, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
XalMeds and its licensees may publicly display advertisements and other information adjacent to or included with your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
The entire content and materials contained on the Website, including, but not limited to, audio, video, images, text, user interface, scores, logos, the selection and arrangement of the Website and other intellectual property (the "Content") are owned by or licensed to XalMeds to the fullest extent under the copyright laws of the Philippines and other countries. Images of people or places displayed on the Website are either the property of, or used with permission by, XalMeds. You may not reproduce, republish, transmit, upload, distribute, copy or publicly display any of the Content without our prior written consent. We neither warrant nor represent that your use of materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with the Company. We may redesign the Website in our sole discretion at any time.
Restrictions on Use
You may not use the Website or contents set forth therein for any illegal purpose or in any manner inconsistent with the Terms of Service. You agree to use the service solely for your own use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the service in any manner that could compete with the business of Company. You may not copy, reproduce, recompile, disassemble, decompile, reverse engineer, distribute, modify, publish, display, perform, upload to, create derivative works from, frame transmit, or in any way exploit any part of the service, you may not recirculate, redistribute or publish the analysis and presentation included in the service without Company’s prior written consent.
Modification of Company’s content is a violation of the copyrights and other proprietary rights of Company or its subsidiaries. Additionally, you may not monetize or offer any part of the service for sale or distribute it over any other medium including but not limited to a computer network or hyperlink framing on the internet without the prior written consent of Company. The Website and the information contained therein may not be used to construct a database of any kind. The Website and content contained therein may not be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute.
In the absence of a contrary agreement, you may not use any of the trademarks, trade names, service marks, copyrights, or logos of Company or its subsidiaries suppliers or affiliates in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with Company’s consent, and you acknowledge that you have no ownership rights in and to any of such items. You will not use the service or the information contained therein in unsolicited mailings or spam material. You will not use any trademarks, trade names, service marks, copyrights, or logos of Company or its subsidiaries in unsolicited mailings or spam material. You will not spam or send unsolicited mailings to any person or entity using the Website.
By using the Website, you agree not to:
- Use the Website for any illegal purpose or in violation of any local, state, national, or international law;
- Use the Website and information contained therein to construct a database of any kind;
- Store the content contained in the Website, in its entirety or in any part, in databases for access or distribution by you or any third party;
- Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
- Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
- Interfere with security-related features of the Website, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Website except to the extent that the activity is expressly permitted by applicable law;
- Interfere with the operation of the Website or any user’s enjoyment of the Website, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Website; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Website, or violating any regulation, policy, or procedure of any such network, equipment, or server;
- Perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth; or
- Sell or otherwise transfer the access granted under these Terms of Service
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and XalMeds is intended or created by this Agreement. Users are not XalMeds representative or agent, and may not enter into an agreement on XalMed’s behalf.
Any notice alleging that materials hosted by or distributed through the Website infringe intellectual property rights must include the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
2. A description of the copyright-protected work or other intellectual property right that you claim has been infringed;
3. A description of the material that you claim is infringing and where it is located on the Service;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the use of those materials on the Service is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
XalMeds will promptly terminate without notice the accounts of users that are determined by XalMeds to be "Repeat Infringers." A Repeat Infringer is a user who has been notified of infringing activity or has had user content removed from the Website at least twice.
Links to Other Sites and Materials
As part of using the Website, XalMeds may provide you with links to third party website(s) ("Third Party Sites") as well as content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). XalMeds has no control over Third Party Sites and Third Party Applications, Software, or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software, or Content. Such Third Party Sites and Third Party Applications, Software, or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by XalMeds, and XalMeds is not responsible for any Third Party Sites accessed through the Website or any Third Party Applications, Software, or Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Applications, Software, or Content does not imply approval or endorsement thereof by XalMeds. If you decide to leave the Website and access the Third Party Sites or to use or install any Third Party Applications, Software or, Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website or relating to any applications you use or install from the site.
The communications between you and Company use electronic means, whether you use the Website or send us emails, or whether Company posts notices on the service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
Communications made through the Service’s e-mail and messaging system, will not constitute legal notice to Company or any of its officers, employees, agents or representatives in any situation where notice to Company is required by contract or any law or regulation.
Any such notice must be sent to:
4/F, Avon Plaza. Bldg., Osmena Blvd., Capitol Site,
Cebu City, Cebu 6000
Changes and Amendments to Terms
These Terms of Service are effective as of the "Last Modified" date identified at the top of this page. We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Website and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of the Website after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service. However, for any material modifications to the Terms of Service or in the event that such modifications materially alter your rights or obligations hereunder, such amended Terms of Service will automatically be effective upon the earlier of (i) your continued use of the Website with actual knowledge of such modifications, or (ii) 30 days from publication of such modified Terms of Service on the Website. Notwithstanding the foregoing, the resolution of any dispute that arises between you and us will be governed by the Terms of Service in effect at the time such dispute arose.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.