Membership Terms Of Agreement

 

Oink Group, Inc Financial Fitness Plans provide financial accountability and motivation for those that want financial guidance. Our licensed and certified financial fitness and accountability coaches will help you set financial goals and milestones that will keep you moving forward oppose to getting derailed by minor distractions. It's been proven that when you know better you do better. Each plan provides total access to live online financial wellness webinars and local events hosted by Oink University. As a member you can access Oink University online anytime to learn on demand. You'll also have direct access to our Financial Consulting and Brokerage Services Departments. Combined we have more than 700 services and products both in house and through our affiliate partners. Get in shape where it counts.
 

Oink Group, Inc offers four (4) types of membership plans: Bronze, Silver, Gold, Platinum

 

Bronze Plan (Services Included In This Plan)

Consulting Services

  • Allotted Financial Consulting Hours (4 Hours/Year)

  • Financial X-Ray with Private Consultation  (1 Solution)

  • Annual Financial Review                                                                            

  • Financial Hotline                                                                                        

 

Brokerage Services

  • Access To Brokerage Services Debt.                                                          

  • Complimentary Review Of Financial Documents                                      

  • Personal Risk Assessments                                                                         

  • Complimentary Insurance Policy Review                                                  

 

Education

  • Financial Wellness Webinars                                                                     

 

Rewards                                                                                      

  • Membership Discount On Additional Services (10%)

 

Financial Tools

  • Oink Financial Portal                                                                                

  • Mobile Budgeting App

 

Protection Plans

  • Life Lock Identity Theft Pkg (Standard Plan)

  • Smart Credit App (Optional)

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Silver Plan (Services Included In This Plan)

Consulting Services

  • Allotted Financial Consulting Hours (6 Hours/Year)

  • Financial X-Ray with Private Consultation (2 Solutions)

  • Annual Financial

  • Financial Hotline

 

Brokerage Services

-Access To Brokerage Services Dept.

-Complimentary Review Of Financial Documents

-Personal Risk Assessments

-Complimentary Insurance Policy Review

 

Education

-Online Money Management Courses

-On-Demand Learning Sessions

-Financial Wellness Webinars

 

Rewards

-Piggy Rewards

-Membership Discount On Additional Services (10%)

 

Financial Tools

-Oink Financial Portal                                                                                

-Mobile Budgeting App

 

Protection Plans

-Life Lock Identity Theft Pkg (Standard Plan)

-Smart Credit App (Optional)

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Gold Plan (Services Included In This Plan)

Consulting Services

  • Personal Financial Fitness Accountability Coach

  • Allotted Financial Consulting Hours (12 Hours/Year)

  • Financial X-Ray with Private Consultation (3 Solutions)

  • Annual Financial

  • Financial Hotline

 

Brokerage Services

  • Access To Brokerage Services Dept.

  • Complimentary Review Of Financial Documents

  • Personal Risk Assessments

  • Complimentary Insurance Policy Review

 

Education

  • Online Money Management Courses

  • On-Demand Learning Sessions

  • Financial Wellness Webinars

 

Rewards

  • Piggy Rewards

  • Membership Discount On Additional Services (15%)

 

Financial Tools

  • Oink Financial Portal   

  • Project Management Portal                                                                             

  • Mobile Budgeting App

 

Protection Plans

  • Family Plan (Rider Available)

  • Life Lock Identity Theft Pkg (Standard Plan)

  • Smart Credit App (Standard Plan)

__________________________________________________________________________________________________


Platinum Plan  (Services Included In This Plan)

Consulting Services

  • Personal Financial Fitness Accountability Coach

  • Allotted Financial Consulting Hours (15 Hours/Year)

  • Financial X-Ray with Private Consultation (4 Solutions)

  • Annual Financial

  • Financial Hotline

 

Brokerage Services

  • Access To Brokerage Services Dept.

  • Complimentary Review Of Financial Documents

  • Personal Risk Assessments

  • Complimentary Insurance Policy Review
     

Education

  • VIP Seating At Private Hosted Events

  • Online Money Management Courses

  • On-Demand Learning Sessions

  • Financial Wellness Webinars

 

Rewards

  • Piggy Rewards

  • Membership Discount On Additional Services (20%)

  • Financial Tools

  • Oink Financial Portal   

  • Project Management Portal                                                                             

  • Mobile Budgeting App

 

Protection Plans

  • Family Plan (Rider Available)

  • Life Lock Identity Theft Pkg (Standard Plan)

  • Smart Credit App (Standard Plan)

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Membership Benefits
 

The benefits of Gold, Platinum, and Double Platinum Plans are available only while Your membership is active and Your membership account is in good standing. Oink Group, Inc reserves the right to modify the Plans at any time and in its sole discretion. The details of your selected Plan, including the price and the various benefits offered therein, might be different than those details applicable to another new or existing member who purchased the same Plan in the same market. You may check your account online or call an Oink Group representative if you have any questions.
 

REGISTRATION INFORMATION

As a condition of Your use of the Membership Service, You agree to: (a) provide Oink Group, Inc with true, accurate, current and complete information as prompted by the Oink Group, Inc registration forms, when registering for or using the Service; and (b) update and maintain the truthfulness, accuracy and completeness of such information.

3.  MINIMUM AGE

You must be 18 years of age or older to register for a Membership.

USE VOID WHERE PROHIBITED

Membership in the Service is void where prohibited.

PRIVACY POLICY

Oink Group, Inc has established a privacy policy to explain to You, and other members, how Your personal information is collected and used. This privacy policy will be available to You when requested.

SERVICE FEES AND BILLING METHODS

Oink Group, Inc will charge a one-time enrollment fee for each plan. The enrollment fee may vary depending on the plan.

Oink Group, Inc will charge You a membership fee in order to provide the Service. Your membership fee is the amount You were charged for Your Plan, not including any promotions or discounts that may have been applied (the "Membership Fee"). You may check Your account online or call an Oink Group representative if You have any questions. You acknowledge that Oink Group, Inc. reserves the right, at any time, to modify its Membership Fees and billing methods. Membership Fees for access to the Service may be made either on a monthly, quarterly, semi-annual, or annual basis. Quarterly, Semi-Annual, and Annual Membership Fees may be paid in advance by check,credit card, or debit card. Monthly Membership Fees may only be paid by credit card or debit card. All membership plans may be renewed upon the terms set forth below, unless such membership plans is canceled or terminated as provided below.

Monthly Payment Plans:

If You currently have or select a monthly payment plan, each month Oink Group, Inc will automatically charge You on a month-to-month basis at the Membership Fee (as such Membership Fee may be modified as provided above) using the credit card or debit card on file with Oink Group, Inc. Each monthly payment will take place on the day You selected as Your draft date. If your monthly membership fails for any reason, we will attempt to process Your payment for a period up to sixty (60) days in accordance with our standard practices then in effect (which may be modified from time to time by Oink Group, Inc). Except as otherwise required by applicable law, You agree that Oink Group, Inc will not provide You with any notices prior to each monthly payment.

Quarterly Payment Plans:

If You currently have or select a quarterly payment plan, each quarter Oink Group, Inc will automatically charge You every 3 months at the Membership Fee (as such Membership Fee may be modified as provided above) using the credit card,debit card or other payment information on file with Oink Group, Inc. Each quarterly payment will take place on the day You selected as Your draft date. If your quarterly membership fails for any reason, we will attempt to process Your payment for a period up to sixty (60) days in accordance with our standard practices then in effect (which may be modified from time to time by Oink Group, Inc). Except as otherwise required by applicable law, Oink Group, Inc will provide You with notices prior to each quarterly payment.

Semi-Annual Payment Plans:

If You currently have or select a quarterly payment plan, each quarter Oink Group, Inc will automatically charge You every 3 months at the Membership Fee (as such Membership Fee may be modified as provided above) using the credit card,debit card or other payment information on file with Oink Group, Inc. Each quarterly payment will take place on the day You selected as Your draft date. If your quarterly membership fails for any reason, we will attempt to process Your payment for a period up to sixty (60) days in accordance with our standard practices then in effect (which may be modified from time to time by Oink Group, Inc). Except as otherwise required by applicable law, Oink Group, Inc will provide You with notices prior to each quarterly payment.

Annual Payment Plans:

If You select an annual payment plan, Oink Group, Inc will automatically renew Your membership for one year at the Membership Fee (as such Membership Fee may be modified as provided above) using the credit card,debit card or other payment information on file with Oink Group, Inc. Such annual renewal payment will take place on or around Your expiration date. If the renewal of your annual membership fails for any reason, we will attempt to process Your renewal for a period up to sixty (60) days in accordance with our standard practices then in effect (which may be modified from time to time by Oink Group, Inc). Except as otherwise required by applicable law, Oink Group, Inc will provide You with notices prior to each annual renewal payment.

Upgrading and Downgrading Plans:

If You make a request to upgrade Your Plan during the one (1) year term (e.g., from Bronze to Platinum), Your first plan will be upgraded to the new Plan and You agree to pay for the new Plan at that time. Once you upgrade Your plan, You are bonded in the New plan for 1 year (12months). After 1 year (12 months) you are able to downgrade Your plan.

If You make a request to downgrade Your Plan during the one (1) term (e.g., from Platinum to Bronze), You must be in your current Plan for 1 year (12 months) before You can downgrade into the new Plan.

Canceling Your Subscription:

If you decide to cancel Your membership, Your cancellation request must be in writing and received by Oink Group no later than 3:00 p.m. Central Time on the business day prior to Your First scheduled meeting with your Adviser. If You fail to cancel Your membership before Your scheduled meeting with your Adviser, Oink Group, Inc will require the full amount due. Meaning if you purchased a Platinum Plan in January and you cancel Your membership in April, (which is after Your first meeting with your Adviser) You are required to pay the remaining balance for that year. You may cancel Your subscription by sending a letter to Oink Group, Inc.,150 N. Michigan Avenue, Suite 800, Chicago, IL 60601; by email at clientservices@myoink.net. NO phone request will be accepted.

INCENTIVES

Oink Group, Inc may, from time to time and in its sole discretion, offer certain products or services as incentives (“Incentives”) to select one of the Membership Plans. Oink Group, Inc. is neither the seller nor manufacturer of the Incentives and disclaims any and all liability and warranties of any kind relating to the Incentives, the use of the Incentives, and the tax implications of receiving the Incentives. You agree that You shall not bring any action against Oink Group, Inc relating in any way to the Incentives. In the event that an Incentive is lost, does not operate properly, or is otherwise incorrect, unfit, or unusable in any way, You agree that Oink Group, Inc has no responsibility for replacing the Incentive.

8. ACCOUNT SECURITY

Oink Group, Inc.will assign You a user ID and a password when You register. Your user ID and password may only be used by You the member. You are solely responsible for maintaining and protecting the confidentiality of Your user ID and password, and are fully responsible for all activities that occur under Your user ID and password.

LIMITED LICENSE TO WEBSITE

By agreeing to the terms and conditions of this Agreement, Oink Group, Inc. grants You a limited license to access and use the reviews and ratings offered by the Service for Your personal purchase decisions. You acknowledge and agree that You will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational, or any other non-personal purpose the reviews and ratings and any content, without the express written consent of Oink Group, Inc.

10. SUBMISSIONS OF REVIEWS

In order for You to submit Your own reviews on the Website, You acknowledge and agree that:

(a) all of Your reviews will either be based upon: (1) Your actual first-hand experiences with the  Service Providers You are reviewing; or (2) as provided under Section 12 (Service Providers) below, an individual and that individual's actual first-hand experience with a Provider whereby You have the legal authority to disclose such experience of such individual;

(b) all of Your reviews of the Service Providers that You are rating will be accurate, truthful and complete in all respects;

(c) You do not work for, own any interest in, or serve on the board of directors of, any of the Service Providers or which You submit reviews;

(d) You do not work for, own any interest in or serve on the board of directors of any competitors of the Service Providers for which You submit reviews;

(e) You are not in any way related (by blood, adoption, marriage, or domestic partnership, if the Service Provider is an individual) to any of the Service Providers for which You submit reviews or ratings; and

(f) Your name and review information will be made available to the Service Providers on which You review.

11. COMPLAINT RESOLUTION PROCESS

If You have a dispute with an agent and an active, qualifying Plan, You may request Oink Group, Inc assistance in communicating with that agent about Your desired resolution.

You may make this request through our email or by contacting a member service representative. You then will be requested to complete and return to Oink Group, Inc documentation relating to Your complaint. Shortly thereafter, a member of our member service team will contact You to obtain additional information and understand Your desired resolution. The member service representative then will contact the agent to explain Your complaint and desired resolution and to ask the agent to respond in writing within a reasonable time frame.

If the agent agrees to Your desired resolution and it is acceptable, the case is considered resolved,  If the agent responds but does not resolve the matter as described above, Oink Group, Inc will replace that agent with a new agent handling Your membership services..

12. SERVICE PROVIDERS

Oink Group, Inc does not endorse and is not responsible or liable for any Content, Service Provider Content, data, advertising, products, goods or services available or unavailable from, or through, any Service Providers. You agree that should You use or rely on such Content, Service Provider Content, data, advertisement, products, goods or services, available or unavailable from, or through any Service Provider, Oink Group, Inc is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with any Service Provider, and any other terms, conditions, representations or warranties associated with such dealings, are between You and such Service Provider exclusively and do not involve Oink Group, Inc.

You agree that Oink Group, Inc is not responsible for the accessibility or unavailability of any Service Provider or for Your interactions and dealings with them, waive the right to bring or assert any claim against Oink Group, Inc relating to any interactions, dealings, or complaints with any Service Provider, and release Oink Group, Inc. from any and all liability for or relating to any interactions, dealings, or complaints with Service Providers.

13. YOUR CONDUCT

In connection with Your use of the Service, You represent and warrant that You:

(a) are above the age of eighteen (18);

(b) will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;

(c) will not submit any reviews that may be considered by Oink Group, Inc to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person's privacy or proprietary rights, or racially, ethnically or otherwise objectionable;

(d) will submit thorough and thoughtful reviews of the Membership and Service Providers

(e) will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Oink Group, Inc, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;

(f) will not submit reviews that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Website;

(g) will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);

(h) will not take any action that would undermine the review and rating process under the Membership;

(i) will not attempt to gain unauthorized access to the membership, other user accounts, or other computer systems or networks connected to the Service;

(j) will not use the Service in any manner that infringes, misappropriates or violates any third party's rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party's rights of publicity, contractual rights, fiduciary rights or intellectual property rights;

(k) will not use the Service in any way that could interfere with the rights of Oink Group, Inc or the rights of other users of the Service;

(l) agree not to re-sell or assign Your rights or obligations under this Agreement;

(m) will not reproduce, duplicate, copy, sell, re-sell or exploit any Content;

(n) will not access any Content for any commercial, educational or other purposes not related to Your personal purchasing decisions, the express written consent of Oink Group, Inc, which consent may be withheld by Oink group, Inc in our discretion;

(o) grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content and to prepare derivative works of, or to incorporate such Content into other works, and to grant and to authorize sub-licenses of the foregoing;

(p) agree not to create an account or use Oink Group, Inc. services if Your account previously has been terminated by Oink Group, Inc or if You previously have been banned from using the services; and

(q) agree not to: (i) register for more than one account or register for an account on behalf of an individual other than yourself; (ii) impersonate any person or entity, including, but not limited to, Oink Group, Inc personnel, or falsely state or otherwise misrepresent Your affiliation with a person or entity; or (iii) advocate, encourage or assist any third party in doing any of the foregoing activities in this subsection.

The reviews that You provide do not reflect the views of Oink Group, Inc, its officers, managers, owners, employees, agents, or other users. In addition, Oink Group, Inc retains the right, in its sole discretion, to determine whether or not Your use of the Service is consistent with the terms and conditions of this Agreement. Oink group, Inc may suspend, restrict or terminate Your use of the Service and to refuse any future use of all or portions of the Service if Your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, Oink Group, Inc may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.

14. TERM AND TERMINATION

The initial term of this Agreement is (1) one year from the date you sign up for Your membership Plan, and will continue for automatic plan renewals thereafter until termination by either party in accordance with the terms of this Agreement.

Oink Group, Inc may, for any reason in its sole discretion, immediately terminate this Agreement, Your account and Your access to the Service. Termination of Your account will include removal of Your access to all offerings of the Service, deletion of Your password, deletion of all related information and files, may include the deletion of the Content associated with Your account (or any part thereof), and barring Your further use of the Service.

15. MODIFICATION OF TERMS AND CONDITIONS

Oink group, Inc will have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on our Website (www.oink-group.com). You will receive notice if modifications to the Agreement are made. Oink group, Inc will make note of the date of the last update to the Agreement on the first page of this Agreement. You are responsible for reviewing these terms and conditions regularly. Your continued use of the Service after such modifications will be deemed to be Your conclusive acceptance of all modifications to this Agreement. If You are dissatisfied as a result of such modification(s), Your only recourse is to immediately discontinue use of the Service.

16. DELAYS

The Service may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Oink group, Inc is not responsible for any delays, failures or other damage resulting from such problems.

17. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT OINK GROUP, INC WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IFOINK GROUP, INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, "DAMAGES"), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY OINK GROUPP, INC OR THE FAILURE OF OINK GROUP, INC TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to You.

You understand and agree that Your unlimited access to the Content on the Website represents a substantial portion of the value You receive from Your Oink Group, Inc membership fee. THEREFORE, TO THE EXTENT OINK GROUP, INC IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, OINK GROUP, INC LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF ONE (1) MONTH OF MEMBERSHIP FEES (IF MEMBERSHIP FEES ARE PAID ON AN OTHER THAN MONTHLY BASIS IT WILL BE THE PRORATED VALUE OF MEMBERSHIP FEES OVER A ONE (1) MONTH PERIOD).

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT OINK GROUP, INC CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT OF MEMBERSHIP FEES TO OINK GROUP, INC THROUGH THE USE OF A CREDIT CARD (A "CREDIT CARD PROCESSOR"). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR OINK GROUP, INC, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE "RELEASED PARTIES") SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION SUFFERED BY YOU AS A RESULT OF THE FAILURE OF OINK GROUP, INC TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY OINK GROUP, INC. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF OINK GROUP, INC TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY OINK GROUP, INC. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION. YOU HEREBY UNDERSTAND AND AGREE THATOINK GROUP, INC SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.

18. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Oink Group, Inc, its officers, managers, owners, employees, agents, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and court costs due to or arising from: (a) any violation of this Agreement by You; (b) the inaccurate or untruthful Content or other information provided by You to Oink group, Inc or that You submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm You may have caused to another. Oink Group, Inc will have sole control of the defense of any such damage or claim.

19. BREACH OF AGREEMENT AND LIQUIDATED DAMAGES

You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for Oink Group, Inc to pursue legal action to enforce the terms and conditions of this Agreement, You will be liable to pay us a specific amount as liquidated damages, which You accept as reasonable estimates of Oink Group, Inc damages for the specified breaches of this Agreement.

You also agree to pay the actual damages suffered by Oink Group, Inc, including, but not limited to attorneys' fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.

20. NOTICE

You agree that Oink Group, Inc may communicate any notices to You under this Agreement, through electronic mail, regular mail or posting the notices on the Website.

21. ENTIRE AGREEMENT

It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.

22. GOVERNING LAW

It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of Illinois, without regard to the jurisdiction in which any action or special proceeding may be instituted.

23. SEVERABILITY

In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the reminder of this Agreement.

WAIVER

The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

 

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