Terms of Service (Legal Policy) - By accessing and browsing this site you accept, without limitation or qualification, the terms and conditions contained below and all applicable laws. We may at any time revise these terms and conditions by updating this posting.
Effective January 1, 2024
This is a legal agreement ("Agreement") between you and Alpaca Ecommerce Ltd. (as Strategic Fit) for accessing its website via https://strategicfitcardsleeves.com and its subdomains (collectively the "Sites"). By accessing the Sites you accept and agree to be bound by the terms and conditions outlined in this Agreement and any other terms, conditions, policies, or documents referred to herein.
In this Agreement, when we say "we", "us", and "our", we are referring to Alpaca Ecommerce Ltd. (herein referred to as "Strategic Fit"). When we say "you", or "user", we are referring to the person accessing our Sites. If you are accessing the Sites on behalf of an organization, you are accepting this Agreement for that organization and are representing that you have the authority to bind that organization to this Agreement, in which case "you" and "your" will refer to that organization. When we refer to "Content", we are describing any and all text, images and graphics, software, source code, apps, specifications, audio and video files, articles, trademarks, logos and other information or content available through our Sites that are not considered as submissions from a user.
Please read this Agreement and our Privacy Policy (as well as our Wholesale Program Agreement if you have, or intend to apply for, a wholesale account) all of which are incorporated herein by reference and govern your access to and use of the Sites. The Sites are offered and available solely to users who are 18 or older. By using the Sites, you represent and warrant that you are of legal age to form a binding contract with Strategic Fit and meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Sites.
Please note: this Agreement requires the use of arbitration to resolve individual disputes, rather than jury trials or class actions, and also limits the remedies available to you should there be a dispute. Your use of the Sites indicates your express acknowledgement and agreement that you have read and understand how the arbitration provision below works.
Acceptance of the agreement
You agree to the terms and conditions, without modification, outlined in this Agreement. You may use the Sites, only in compliance with this Agreement and all applicable local, provincial, national, and international laws, rules and regulations. This Agreement may be changed by us from time to time at our sole discretion by updating this posting. The most current version of this Agreement will govern your use of the Sites and will always be located at https://strategicfitcardsleeves.com/terms-of-service. We display an "effective date" at the top of this Agreement so that it will be easier for you to know when there has been a change. Accordingly, you should check this Agreement on a regular basis. By continuing to access or use the Sites after this Agreement has been updated, you agree to be bound by the revised version of the Agreement. By accessing our Sites and accepting the terms of this Agreement, Strategic Fit grants to you a limited, revocable, personal, non-sub-licensable, non-transferable, non-exclusive right to access and use the Sites in accordance with this Agreement solely for personal reasons and not for resale or to provide services to any third parties.
If you do not accept the terms of this Agreement, please do not use the Sites. If you use the Sites from a country other than Canada or the United States, you are still responsible for compliance with this Agreement.
Use of the Sites
The Sites are intended for access and use only by members and potential members who are of the age of 18 or above; who are not barred from use of the Sites under applicable legislation; and who are able to enter into a legally binding contract under applicable legislation. You may use the Sites only for lawful purposes and only in accordance with this Agreement. When using the Sites, you further agree that you will not:
- Use the Sites in any way that violates any applicable local, state/provincial, federal/national, or international law, rule, or regulation;
- Use the Sites in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party;
- Send false or misleading information via the Sites;
- Use the Sites to advertise to or solicit any user;
- Use the Sites to resell any products or services except with a wholesale account and then only in compliance with the terms of the Wholesale Program Agreement;
- Make commercial use of the Sites;
- Reproduce, publish, modify, distribute, transfer, and/or sell any Content on the Sites;
- Impersonate or attempt to impersonate Strategic Fit or any Strategic Fit employee, another user, or entity (including, without limitation, the use of email addresses or screen names associated with or confusingly similar to any of the foregoing);
- Use tools or other methods to extract, mine, or gather data from the Sites; and
- Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by us, may harm Strategic Fit or the users of our Sites or expose us or those other users to liability.
If we believe that there is a violation of this Agreement in your use of the Sites that can simply be remedied by you, whether that is the removal of information or other specified actions, we may ask you to take direct action to address the violation to our satisfaction. However, we may be required or determine it necessary to also engage in the situation and determine any additional appropriate action to be taken by us. If you are unable to act in accordance with our requested actions and/or we believe you are a credible risk of harm to us, other users, or third parties, without limiting the other remedies that are available to us under this Agreement, we may terminate permission or license granted by this Agreement and we will terminate your rights to access and use the Sites.
User account
In order to purchase products from our Sites, you may be required to have an online user account. To create a user account, you must provide an email address and create a password. Once your account is created, you can provide additional information such as preferred credit card payment details and shipping and billing addresses. It is a condition of your use of your user account that all information you provide in connection with that user account is correct, accurate, and complete. You are solely responsible for maintaining the secrecy of your account password. Unless you have a wholesale account approved by Strategic Fit, your account is for your personal use only (if you wish to apply for a wholesale account on behalf of your business go to: https://sell.strategicfitcardsleeves.com). You may not authorize others to use your account or transfer your account to any other person. You agree that Strategic Fit is not responsible for another party’s access to your account that results from misappropriation of your log-in details. You agree that you will notify Strategic Fit promptly of any unauthorized access or use of your account via the contact information provided below under the heading "Contacting Strategic Fit". You are solely responsible for all uses of your account and any activity performed through it. You also agree to ensure that you exit from your user account using proper sign-out procedures at the end of each session. You should use particular caution when accessing your user account from a public or shared computer so that others are not able to view or record your password and other personal information.
We have the right to disable your user account or password and otherwise terminate your right to use your user account or the Sites at any time in our sole discretion for no or any reason, including without limitation if in our opinion you have failed to comply with any of the terms of this Agreement.
Wholesale accounts are subject to additional conditions and terms provided in the Wholesale Program Agreement.
Terms of sale
All product sales from Sites are governed by this Agreement and any other terms of sale specific to the purchase (collectively, the "Terms of Sale"). By ordering and/or accepting delivery of the products, you agree to be bound by these Terms of Sale, which are subject to change without notice at Strategic Fit’s discretion. All sizes and weights quoted are approximate.
All prices listed are in United States dollars and all charges will be processed in United States dollars. All prices listed on this Site are subject to confirmation. You agree to pay all charges payable for your order. We reserve the right to limit the quantity of items that you may buy.
All orders, once submitted, are final. However, we may agree to change or cancel an order at our sole discretion. To request the change or cancellation of an order, please contact your sales representative. Strategic Fit reserves the right to cancel orders, at any time, for any merchandise, without responsibility therefore, in whole or in part, for any reason at its sole discretion. Submission of duplicate orders is not our responsibility. If you have inadvertently submitted the same order more than once, you will be accountable for all applicable charges unless a change or cancellation is approved by Strategic Fit. We may charge a fee for changes or cancellations.
At Strategic Fit, we stand by the quality of our products. While we consider all sales final, we are committed to ensuring you receive high quality, whole, undamaged products. You are responsible for inspecting the merchandise upon receipt. Any damages or shipping errors must be reported directly to us within specified windows. This includes missing, damaged, defective, did not order, ordered (x) but received (y), and consignment returns. Note any visible damage with the carrier upon delivery to ensure proper documentation, however, please refrain from filing a claim with the carrier, as they may not honor recipient-initiated carrier claims.
Any failure to provide written notice of a claim, as set forth in this Agreement, shall constitute a waiver of any claim you may have for damages resulting from such defects, including late delivery. Failure to report damaged products within the specified window absolves us of responsibility for replacement or reimbursement. Additionally, if you refuse any part of an order shipment attempted by the carrier, or otherwise intentionally delay receipt of an order, you forfeit the right to make claims for damages or shipping errors pertaining to any and all parcels related to that order shipment.
Damaged products must be reported within the specified window of receiving the shipment in order to receive approval for a return. Upon return authorization, damaged products must be received by Strategic Fit within the specified window. Damaged items will be inspected upon return to confirm they match the shipped product and damage is as reported. Damaged products passing inspection will be replaced at no cost to you. In extraordinary situations, arrangements may be made for the return of undamaged products. Such returns must meet the specified criteria and will incur a restocking fee. You are for arranging returns responsible for return shipping costs. Please note that original shipping costs, as they already paid to the carrier, are non-refundable.
When multiple products are purchased, the products may ship in multiple deliveries. Multiple charges may be made to your payment method corresponding to different products. If multiple charges are made, the order total quoted at checkout may differ from the amounts charged due to rounding.
Any quoted amounts for sales tax are estimates and subject to the appropriate tax rates of the applicable state or territory at the time of purchase.
Shipping discounts vary by shipping method, shipping address (destination), and order value and the proper shipping method must be selected at checkout in order for that discount to apply. Any and all discounts offered by Strategic Fit are subject to change or withdrawal at our sole discretion, at any time, without notice. Shipping estimates provided by Strategic Fit are subject to change, actual shipping time is contingent upon availability of product, receipt of payment, and carrier. We are not responsible for shipping delays caused by a carrier or force majeure.
We will use commercially reasonable efforts to deliver items as quickly as possible, and within any time indicated. However, we are not responsible for delivery delays beyond our control. We will endeavor to notify you if delivery is delayed. All items are delivered by a third party, and delivery is governed by their shipping contracts. We reserve the right not to ship to certain addresses or post office boxes.
Terms of service within subsites and other sites
Where additional Terms of Service or Terms and Conditions are posted within Strategic Fit’s subsites, or on other Sites through which Strategic Fit products can be purchased or Strategic Fit services are offered, you will be required to review and agree prior to gaining access to the products or services.
Links to third party websites
If our Sites contain links to other websites, and/or facilitate registration to events and activities hosted by other third parties, those websites are not governed by this Agreement or our Privacy Policy. Whether we have posted those links or other organizations or individuals have posted those links, you should read their privacy policies and Terms of Service and make an informed decision about whether you want to use those websites or their services. You are solely responsible for and assume all risk associated with your use of any such websites or resources. Where Strategic Fit has enabled you to connect with other third-party platforms in order to utilize their services in conjunction with our Sites, you will be subject to their collection practices and the terms of use and privacy policies of these third parties. You are responsible for ensuring that you verify the URL and are aware when you are redirected to a third-party site and you are responsible for reviewing their terms of use and privacy policies. If you do not agree with their terms of use or privacy policies you should not use the services offered by such third-party platforms. In any event, you acknowledge and agree that Strategic Fit is not responsible or liable for the availability or accuracy of such third-party websites or resources, or the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement, approval, association or sponsorship by Strategic Fit of such websites or the contents, products or services available on or from such websites or resources.
Linking to our sites
You may link to our Sites, provided you do so in a way that is fair and legal and does not damage or adversely affect our reputation. However, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our Sites must not be framed on any other site, nor may you create a link to any part of our Sites other than the home page. We reserve the right to withdraw linking permission without notice, in our sole discretion. The website from which you are linking must comply in all respects with this Agreement.
System integrity
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites. You may not take any action, which imposes an unreasonable or disproportionately large load on Strategic Fit’s infrastructure. Without limiting the generality of the foregoing, you also agree NOT to:
- Use the Sites in any manner that could disable, overburden, damage, impair the Sites, or interfere with any other party’s use of the Sites;
- Use the Sites to send harassing or threatening messages to anyone;
- Use any robot, spider, or any other automatic device, process or means to access the Sites for any purpose, including monitoring or copying any of the Content or other material on the Sites;
- Use any manual process to monitor or copy any of the Content or other material on the Sites without our prior written consent, including as may be granted by this Agreement;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Attempt to penetrate security measures of the Sites or obtain or bypass other users’ passwords;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites, the server on which the Sites are stored, or any server, computer or database connected to the Sites; and
- Attack the Sites via a denial-of-service attack or distributed denial-of-service attack.
When using the Sites, the communication of data may be transmitted over networks in which Strategic Fit cannot guarantee secure or reliable data transmission. As such, we assume no responsibility for the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the Sites. From time to time, the Sites may be unavailable for reasons within Strategic Fit’s control such as system maintenance or reasons outside of Strategic Fit’s control. When this occurs, Strategic Fit is not liable to you or other users for any interruptions in the use of our Sites.
Protection of privacy and security
By using the Sites you are deemed to have read our policies and are bound by them. As outlined in the Privacy Policy, protection of your Personal Information is a top priority for us. As such, we will maintain administrative, physical, and technical safeguards at a level no less protective than those described in our Privacy Policy. You understand that through your use of the Sites you consent to the collection, use, and disclosure of your personal information in accordance with these policies.
In order to maintain the privacy and security of the Sites, you must not disclose any security or privacy vulnerabilities that you may discover about the Sites to any person except Strategic Fit. Immediately upon discovering any issues that may pose a threat to the privacy and security of the Sites or data stored within the Sites, you must notify us at .
Communications and privacy
In accordance with Canada’s Anti-Spam Law (S.C. 2010, c.23), we require your consent for your contact information to be used to provide you with information for promotional purposes. At any time, you can opt-out of commercial electronic communications from us by contacting us at . We may still contact you in relation to your purchases, product safety updates, and other reasons permitted by law.
Errors and changes
Strategic Fit has made every effort to ensure the proper function of the Sites; however, Strategic Fit is not responsible for any damages that may occur while you are using the Sites. We do not warrant that the Sites will be error-free or that any defects will be corrected. We may make changes to the Sites’ features, functionality, or other components at any time without prior notice to you. Please check this page regularly to ensure that you are aware of the most up-to-date version of this Agreement.
Intellectual property and ownership
Strategic Fit, our partners, vendors exclusively own and retain all right, title, and interest in and to the Sites, and, unless otherwise indicated, all Content including software, materials, formats, interfaces, information, text, data, graphics, images, video, logos, icons, audio, content, computer code, proprietary and confidential information, and technology (and the design, selection and arrangement thereof) used by Strategic Fit or provided to you in connection with the Sites. This intellectual property is protected by Canadian, United States, and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
"Strategic Fit", "Your Cards. Your Story. Make it Last.", the triangular Strategic Fit logo, other Strategic Fit logos, and product and service names are or may be registered or unregistered trademarks of Strategic Fit, and are protected under applicable copyrights, trademarks and other proprietary laws of Canada and the United States (including but not limited to intellectual property laws).
Strategic Fit also respects the intellectual property rights of others and expects users of our Sites to do the same. Please do not copy, upload, download, or share content or other information unless you have the right to do so. You, not Strategic Fit, are fully responsible and liable for what you copy, share, upload, download, or otherwise use while accessing the Sites. We reserve the right to remove any content submitted to or through the Sites that is or may be in violation of the intellectual property rights of others, without prior notice and at our sole discretion.
We welcome and encourage you to provide feedback, comments and suggestions for improvements. You acknowledge and agree that if you submit any feedback to us (through any communication channel), you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise use the feedback for any purpose.
Strategic Fit permits you to view the Content, however, images, audio files and videos on our Sites must not be altered or digitally enhanced, and their use must be in accordance with Canada’s Copyright Act (R.S.C., 1985, c. C-42). Any other use or alteration of the material is strictly prohibited without our prior written permission.
If you use any part of the Sites in breach of the terms of this Section, your right to use the Sites will cease immediately and you must destroy any and all copies or the Content that you have made. No right, title, or interest in or to the Content or the Sites is transferred to you under this Agreement or otherwise, and all rights not expressly granted are retained by Strategic Fit. Any use of the Sites not expressly permitted herein is a breach of this Agreement and may violate copyright, trademark and other laws.
Limitation of liability
To the maximum extent permitted by applicable law, Strategic Fit, its subsidiaries, directors, officers, employees, agents, partners, suppliers, licensors and affiliates, and their respective directors, officers, and employees will not be responsible for any direct, indirect, incidental, special, consequential, or punitive damages of any kind, including without limitation personal injury or death, loss of profits, data, use, good will, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Sites; (ii) any conduct or Submission of any third party on the Sites, including without limitation any defamatory, offensive, or illegal conduct of other users or third parties; (iii) any Content obtained from the Sites; and (iv) unauthorized access, use, or alterations of your transmissions or Submissions, whether based on warranty, contract, tort (including negligence), or any other legal theory.
Please note that all images are presented for illustration purposes only. Although all efforts are made to ensure consistency and uphold our high quality standards, your experience with actual products may vary. The information presented on or through the Sites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site or user of the Sites, or by anyone who may be informed of any of its contents.
These limitations apply regardless of whether the party liable or allegedly liable was advised, had reason to know, or knew of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed its essential purpose. You agree that your exclusive and sole remedy is to stop using the Sites.
Indemnity and release
You agree at all times to indemnify, defend, and hold us and our affiliates and subsidiaries, licensors, suppliers, and service providers, and each of their respective directors, officers, employees, contractors, agents, shareholders, distributors and representatives harmless from any action, proceeding, liability, loss, claim, and expense, including reasonable legal and other fees and disbursements, sustained, incurred or paid directly or indirectly by Strategic Fit as a result of (i) your violation of this Agreement, the Privacy Policy (as well as the Wholesale Program Agreement if you have, or intend to apply for, a wholesale account); (ii) your use of the Sites or that of any other person who accesses the Sites or the App using your user account; or (iii) your Submissions. You also agree to release and hold harmless Strategic Fit from and against any and all liability, claims, damages, actions, and costs, arising out of or in connection with your use, review, or reproduction of the Sites.
Severability and waiver
Unless as otherwise stated in the Agreement, should any provision of the Agreement be held invalid or unenforceable for any reason, it will not affect or make the remaining provisions in the Agreement unenforceable or invalid to the extent permitted by law. The failure by Strategic Fit to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion, and any such waiver will not constitute a continuing waiver unless otherwise expressly provided. All waivers must be in writing. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
Disclaimer of warranty
Your use of the Sites are at your own risk. You understand and agree that the Sites are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, Strategic Fit makes no representations and disclaims all expressed and implied warranties, guarantees and conditions of any kind, including without limitation, representations, warranties, or conditions regarding accuracy, currency, availability, timeliness, completeness, non-infringement, uninterrupted, or error-free operation, security, legality, suitability, merchantability, fitness for any particular purpose, or those arising by law, statute, usage of trade, or course of dealing. Strategic Fit assumes no responsibility to the user or any third party for the consequences of any errors, omissions, or faults in the Sites.
Strategic Fit will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your use of the Sites. You also agree that Strategic Fit has no responsibility or liability for the deletion of, or the failure to store or to transmit, any content or communications maintained by the Sites. No advice or information, whether oral or written, obtained from Strategic Fit or through the Sites will create any warranty not expressly made herein.
From time to time, Strategic Fit may offer "test" features within the Sites. Such features are offered only for research and user experimental purposes only and may be modified or discontinued by Strategic Fit at any time. This Disclaimer of Warranty section also applies to such features or tools.
Term and termination
This Agreement will commence on the date you access any one of the Sites and continues until terminated in accordance with the provisions of this Agreement. You may cease using the Sites at any time. Strategic Fit may cease providing you access to the Sites at any time without notice. Strategic Fit may terminate this Agreement immediately, and at any time, if you violate your obligations under this Agreement. Upon the termination of this Agreement for any reason, (i) the license granted to Strategic Fit in respect of the Personal Information you have provided to Strategic Fit will survive for so long as Strategic Fit is required by law to retain such information; (ii) Strategic Fit will no longer provide and you will no longer use the Sites; and (iii) Strategic Fit will be entitled to retain and use your Personal Information in accordance with the terms of this Agreement, the Privacy Policy, and applicable laws.
Arbitration
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS.
Except as expressly set out below, and unless applicable laws require otherwise, all disputes, controversies, and claims arising under, out of, in connection with, or in relation to this Agreement, or any related matter (each, a "Dispute") will be referred to and finally resolved by binding arbitration administered by the International Centre for Dispute Resolution (ICDR) Canada in accordance with ICDR’s Canadian Arbitration Rules.
Before you can commence any proceeding as to a Dispute, you must first give us an opportunity to resolve the Dispute by emailing us at with the following information:
- Your first and last name;
- Your address;
- A description of your claim in the Dispute; and
- A description of the relief you seek if the Dispute is not resolved within 45 business days of receiving your notification.
If it is not resolved within 45 business days, you may pursue the Dispute in arbitration.
The arbitration will take place in Vancouver, BC, Canada and will be conducted in the English language. One arbitrator will be assigned to the Dispute. If ICDR Canada is not operative, the arbitration will proceed under the governance of British Columbia’s Arbitration Act (RSBC 1996, c 55). The arbitrator may award on an individual basis relief available in accordance with applicable law, and relief will only be awarded to the individual who is party to the Dispute.
Individuals who are not party to the Dispute will not receive relief. The award will be final and binding, except for any right of appeal provided by the ICDR, and may be entered in any court having jurisdiction over the individual for purposes of enforcement.
Unless applicable laws require otherwise, you have twelve (12) months after the date the Dispute between you and Strategic Fit arises to commence arbitration proceedings. After twelve (12) months, any and all proceedings by you regarding the Dispute will not be permitted and Strategic Fit shall be entitled to rely on this Agreement as evidence of the agreed to limitation period. Any shorter time limit to commence proceedings that is provided for by applicable law remains unaffected.
Notwithstanding the foregoing, Strategic Fit may commence legal proceedings against you in the courts of any jurisdiction for the purpose of seeking injunctive relief or other legal remedies.
Governing law
Strategic Fit controls the Sites and its operations from its offices within the Province of British Columbia, Canada. The Sites can be accessed from all provinces and territories of Canada and from other countries around the world. As each of these jurisdictions have laws that may differ from those of the Province of British Columbia, by accessing the Sites, you agree that all matters relating to access to, or use of, the Website, or any other hyperlinked website, shall be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. You also agree and hereby submit to the non-exclusive personal jurisdiction and venue of the courts of the Province of British Columbia and acknowledge that you do so voluntarily and are responsible for complying with all local laws. Should situations arise where international laws may be applicable or there be conflict with other jurisdictional laws, the governing law(s) will be applied. The International Sale of Goods Act of British Columbia and the United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to this Agreement or to the transactions contemplated by this Agreement.
Entire agreement
This Agreement constitutes the entire and only agreement between us and you, and supersedes any prior agreements, representations, warranties, and understandings with respect to the Sites, the Content, or services provided by the Sites, and the subject matter of this Agreement.
Enurement
All covenants, representations, warranties, and agreements contained in the Agreement will be binding upon and will endure to the benefit of both us and you and any respective successors, permitted assigns, legal representatives, heirs, and trustees.
Language
These Terms of Service and all related notices and other documents will be written in the English language. Subject to applicable law, any non-English translation of these Terms of Service provided will be upon request only and for your convenience. Should there be a conflict or inconsistency between the English version and a non-English version then the English version will take priority and govern.
Contacting Strategic Fit
Please feel free to contact us at if you have any questions regarding this Agreement.