TERMS OF SERVICE

Subject to the terms and conditions set forth in this User Agreement, the Company hereby grants you the limited, non-exclusive, personal, and non-transferable rights to access and use the Services solely for your own internal business purposes in accordance with the intended purposes of the Resources and Services and for that number of authorized and identified users as is set forth in your Order (as defined below). Your access to and use of the Services is subject to the terms and conditions set forth herein and in those additional guidelines, rules, and operating policies that the Company may establish, including, but not limited to, the Company’s privacy policy (published at: March 15, 2021), all of which are incorporated herein by reference (collectively, the “Policies”). From time to time, we may amend, supplement, or modify this User Agreement and/or the Policies. We will make reasonable efforts to notify you of any such changes thereto by sending an e-mail communication to the e-mail address you provided us in registering for an Account (as defined below); however, because we cannot guarantee our e-mail communication will be delivered or viewed, you acknowledge and agree it is your responsibility to review this User Agreement and/or the Policies periodically to familiarize yourself with any modifications. If you do not agree to such changes to the User Agreement and/or Policies, your sole remedy is to discontinue your access to and use of the Services. You acknowledge and agree your rights to access and use the Services is neither contingent upon the delivery of any future functionality or features, nor is it dependent upon any oral or written comments made by us with respect to future functionality or features. In order to access and use the Resources and the Services you must be at least eighteen (18) years old.

You are permitted to access and use the Services only after registering for an account on the Company’s website (an “Account”). In order to create an Account, you must provide certain information about yourself, including, but not limited to, your name, email address, company name, mailing address, and phone number. In connection with registering for an Account, you will be required to create a unique password (the “Password”). You agree to maintain your Password and your Account in strict confidence and not to disclose or otherwise provide access to your Password or Account to any party not authorized as a permitted user by you. Accordingly, you are responsible for all activities that occur under your Account except to the extent of our gross negligence or willful misconduct. In the event your Password is lost or your Password or Account is compromised (or is suspected to be), you agree immediately to notify us of such loss or compromise, as the case may be, and you agree you will be responsible solely for all actions, damages, liabilities and losses incurred as a result of such loss or compromise, except to the extent arising from our gross negligence or willful misconduct. In connection with your Account, you hereby represent and warrant to the Company all information you provide to the Company is and will be truthful and accurate to the best of your knowledge, and you are not directly or indirectly (as an owner, strategic partner or otherwise) engaged in any business relationship or activity that competes with the Company.

1. We may provide various open communication tools on our website, including but not limited to, blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, and various social media services (the “Open Communication Tools”). You understand and acknowledge the Company does not own or control any information, data, communications, messages, texts, files, images, photos, graphics, videos, audio or other materials posted, presented, displayed or published on, or transmitted, distributed or otherwise linked through the Open Communication Tools (individually and collectively, “Publish” or any derivatives thereof as the context dictates) by you or by a third party (the “Content”). You understand and agree the Company does not control, is not responsible for, and expressly disclaims all representations and warranties with respect to all liability related to or arising from, the Content. Unless expressly stated otherwise, the Company does not verify or endorse any Content and does not guarantee the accuracy, integrity, quality, or appropriateness of any Content. You are responsible solely for your access to, use of and/or reliance on, the Content, and you understand you use and rely on such Content at your sole risk. Under no circumstances will the Company be liable in any way for any Content or for any loss or damage of any kind incurred as a result of your use of any Content. Notwithstanding anything to the contrary set forth herein, the Company, in its sole discretion, reserves the right to refuse, move, modify, or delete any Content for any reason, with or without notice to you. The Company is not responsible or liable for the deletion, correction, destruction, damage, loss, or failure to store any Content except to the extent caused by its gross negligence or willful misconduct.
2. If you Publish Content, you hereby represent and warrant to the Company: (i) you either own all right, title and interest in and to such Content, or you possess sufficient rights, approvals, licenses, consents and permissions as are necessary to Publish such Content to the Open Communication Tools; and (ii) no Content relates to or references: (A) firearms, explosives, or weapons, or instructions on how to assemble or otherwise make any of the same; (B) Content that may be unsuitable for or harmful to children under the age of thirteen (13); (C) pornography, sexually explicit adult entertainment, prostitution or escort services or products; (D) controlled substances or pharmaceuticals; (E) fraudulent, counterfeit or stolen products or services or pirated computer programs; (F) registered or unregistered securities; (G) illegal or unlawful content, products or services; (H) promotion(s) of hate and bigotry, act(s) of violence or terrorism, or commission(s) of crimes or illegal activities; (I) products or services from a U.S. embargoed or blacklisted country, individual or entity; (J) Content which reasonably could be deemed to be libelous, defamatory, scandalous, threatening or harassing; (K) Content which violates or misappropriates any third party intellectual property, moral, privacy or other right, including but not limited to trademark, patent, trade secret, copyright, or other proprietary right of any party; (L) contains any unauthorized or unsolicited advertising; (M) other Content that the Company reasonably believes might damage the Resources and/or the Company’s brand or reputation; (N) Content which could cause the Company to violate any law or regulation; or (O) information that can identify an individual in relation to any past, present or future physical or mental health or condition, provision of health care, or payment for the provision of health care, including, but not limited to, diagnoses, treatment information, medical test results, and prescription information.
3. You agree you will not circumvent any technological measure or Policies implemented by the Company to restrict the manner in which Content may be Published or to regulate the manner in which Content (including, but not limited to, email) may be transmitted to other users.

1. Any and all activities which are harmful to, inconsistent with, or disruptive of the Resources and the beneficial use and enjoyment of the Resources expressly are prohibited. Accordingly, without limiting the generality of the foregoing, you hereby agree not to: (i) access the Resources through any means not provided by us, including, but not limited to, automated, unethical, or unconventional means; (ii) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws or to send messages to any purchased (email) lists, purchased distribution lists, purchased newsgroups, or purchased email addresses; (iii) perform or facilitate any act which, directly or indirectly, causes to be transmitted to, uploaded by or downloaded by, any end user any “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other like form of solicitation; (iv) perform or facilitate any act which, directly or indirectly, causes to be transmitted to, uploaded or downloaded by, the Resources or any end user any software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Resources; (v) perform or facilitate any act which interferes with or disrupts the Resources, including the servers and networks associated with the Resources; (vi) contact any individual who has asked not to be contacted; (vii) harass, stalk or otherwise disturb any individual; (viii) purposefully post Content in an irrelevant category; (ix) copy, duplicate, reproduce, sell, trade, or resell the Resources; (x) impersonate any person or entity or falsely state or misrepresent your affiliation with another person or entity, including, without limitation, the Company and its employees; (xi) use any robot, spider, scraper or other automated means to access the Resources and collect content for any purpose without the Company’s express written permission; (xii) access the Resources and/or Services in order to build a similar or competitive website, product, or service or for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; or (xiii) permit direct or indirect access to or use of the Resources in a way that circumvents applicable laws or promotes hate and bigotry, act(s) of violence or terrorism, or commission(s) of crimes or illegal activities.
2. The Company has the right, but not the obligation, to regulate all conduct with respect to use of the Services and/or the Resources, in any manner and by any means the Company, in its sole discretion, deems necessary or appropriate. You hereby represent, warrant, and covenant to the Company your use of the Services is and will at all times be in accordance with all applicable laws, rules and regulations, and without infringement or misappropriation of any intellectual property or other right of a third party; and you will use the Services to conduct all business in a professional, businesslike manner and will not engage in deceptive, fraudulent, misleading, illegal or unethical business practices.

1. This is an agreement for services, and you are not granted any license hereunder. As between you and the Company, all software embedded in the Services and owned and controlled by the Company (the “Software”), and the Services, are and will remain the sole and exclusive property of the Company. You agree not to take any actions inconsistent with the Company’s ownership of each of the Company’s rights in and to the Software and the Services. Except as otherwise expressly granted in this User Agreement, you will not have or acquire any rights or interest in or to the Software or the Services. You acknowledge the Software contains proprietary information and trade secrets of the Company. You agree you will not directly or indirectly: (i) assign, distribute, license, sublicense, transfer, sell, rent, lease, time share, grant a security interest in, or otherwise transfer any rights in or to the Software, or make the Software available to third parties, whether in whole or in part, except as authorized by this User Agreement; (ii) modify, translate, reverse engineer, decompile or disassemble the Software for any purpose, including, without limitation, the creation of derivative works or similar products; (iii) upload, link to or post any portion of the Software on a bulletin board, intranet, extranet or web site; (iv) use or distribute the Software in violation of any applicable laws or regulations; (v) possess or use the Software in any format other than machine-readable format; or (vi) take any act to remove, obscure, interfere with or modify the presentation or functionality of any aspect of the Software or the Services.
2. You acknowledge and agree the Company owns all right, title and interest in and to the Company’s owned or controlled graphics, logos and trademarks, applications, multimedia content, or other information, and the look, feel, layout and organization of the Site (collectively the “Materials”). Nothing set forth in this User Agreement is construed as granting, by implication, estoppel or otherwise, a license or right to use the Materials and all such Materials are copyright © Real Magic, Inc., all rights reserved.
3. With respect to Content you import or enter into the Services regarding your business relationships, including, but limited to, names, contact information, key facts and notes, you will continue to maintain ownership of such Content. The Company does not own or claim ownership of any Content that you Publish; provided, however, you hereby grant, and upon Publication automatically grant, to the Company a non-exclusive, perpetual, irrevocable, unlimited, fully paid-up, royalty-free, transferable, fully sub-licensable (through multiple tiers), license: (i) to reproduce, copy, perform, publish, display, post, modify, distribute, incorporate into other works, prepare derivative works of, and otherwise use all Content you Publish solely in connection with the operation of the Resources and Services; and (ii) to use non-personally identifiable Content in aggregate and blinded formats that do not identify, reference or imply an association with you for the purposes of creating benchmarking, statistical, research and marketing analyses, surveys, reports and studies. You hereby agree you do not have the right to review, approve, or otherwise receive notice of the Company’s use of any Content.

1. The Services process information provided through your accounts with certain third party services and products (the “Third Party Account(s)”). Any business relationship, exchange of data or other interaction between you and a third party, and/or any purchase, download or use by you of any product or service offered by a third party, is solely between you and such third party. While the Company may recommend such a third party and/or rely on data or information provided or generated by such third party products and services in the course of providing the Services, you hereby acknowledge the Company specifically does not warrant the accuracy, reliability or completeness of any such data and information; and agree the Company will not be liable for any acts or omissions based on its reliance thereon or any loss or liability caused by such third party. The termination of your access to, or use of, any Third Party Account will not terminate this User Agreement and the Company is not responsible for any effect on the Services arising from such termination. The Company reserves the right to discontinue your use of the Services (or any part thereof) and/or this User Agreement, effective upon delivery to you of notice thereof, if your use of the Service violates any terms or condition set forth in any agreement governing a Third Party Account.
2. With respect to enabling and either directly or indirectly utilizing integrations between the Resources and Third Party Accounts, you agree to use the Resources only for the purposes intended as permitted by: (i) the terms of this User Agreement; (ii) agreements with Third Party Accounts; and (iii) applicable laws, regulations and generally accepted online practices or guidelines.

1. If and as applicable to you, the Company may charge a fee for your access to, and use of, the Resources and Services. Payments for fees will be billed in advance as set forth in the order form or online Account registration form through which you purchased a subscription to use the Services (in either case, the “Order”), which is incorporated herein by reference, or in the receipt for your initial or renewal payment. You will be responsible for and will pay any applicable sales, use or other taxes or duties, tariffs or the like applicable to your use of the Services (except for taxes on the Company’s net income). In our sole discretion, we may change the fees for access to and use of the Resources and Services upon thirty (30) days’ notice prior to your renewal date. Failure to pay the fees may result in suspension or termination of your Account and discontinuation of your access to and use of the Resources and Services, without notice and without incurring any liability to you. Unless otherwise specified, all fees are payable in U.S. dollars. Except as required by law, all paid fees are nonrefundable, including, without limitation, when: (i) your Account is suspended or terminated by the Company for your breach of any of the covenants, representations or warranties contained in this User Agreement; and (ii) you terminate this Agreement pursuant to Section 12 below.
2. The Company uses a third party service as a payment intermediary service to process credit and debit card transactions (the “Gateway”). The Company does not request or store any of your financial information, such as your bank routing or account numbers, or your debit or credit card account numbers. You hereby acknowledge the Company specifically does not warrant the accuracy, reliability, security, or quality of the services provided by the Gateway; and hereby agree the Company will not be liable for any acts or omissions based on its reliance thereon or any loss or liability caused by the Gateway. Upon your written request, the Company will use commercially reasonable efforts to resolve any payment disputes between you and the Gateway.

YOU HEREBY AGREE YOUR USE OF THE RESOURCES, SERVICES, AND CONTENT IS AT YOUR SOLE RISK AND YOU WILL BE RESPONSIBLE SOLELY FOR ANY DAMAGE OR LOSS TO YOU OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE RESOURCES, SERVICES AND/OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, THE DOWNLOAD OF FILES, SOFTWARE AND/OR ANY GRAPHICS OR OTHER CONTENT. EXCEPT AS EXPRESSLY STATED IN THIS USER AGREEMENT, THE RESOURCES, SERVICES, AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY KIND. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, WITH RESPECT TO THE RESOURCES OR THE SERVICES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USE, TITLE AND NON-INFRINGEMENT. THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THE RESOURCES, SERVICES, OR CONTENT WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE RESOURCES, AND/OR SERVICES OR AS TO THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE RESOURCES, AND/OR SERVICES OR THAT DEFECTS IN THE RESOURCES, AND/OR SERVICES WILL BE CORRECTED. THE COMPANY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES FOR GOODS OR SERVICES RECEIVED THROUGH OR ADVERTISED ON THE RESOURCES, AND/OR SERVICES OR ACCESSED THROUGH ANY LINKS ON THE RESOURCES, AND/OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

1. At your sole cost and expense, you hereby agree to defend and hold harmless the Company and its affiliates, subsidiaries, officers, directors, stockholders, employees, representatives, agents, successors, and assigns in and against any and all claims and actions, and to indemnify any or all of them from and against any and all losses, liabilities, sums of money, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) (collectively, “Losses”) arising from such action or claim and related to: (i) your breach of any term or condition, or of any of your representations or warranties, set forth in this User Agreement; (ii) a Third Party Account; (iii) any Content Published by you or through your Account; and/or (iv) your violation of applicable law. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you agree to provide us with such cooperation as is reasonably requested by us.
2. If a third party unaffiliated with you asserts a legal claim or action against you caused by the Services’ (in the form generally made available by the Company to all of its customers without customer Content or interface) infringement of such third party’s U.S. patent or copyright or caused by the Company’s breach of Section 11(a) below, the Company will defend you against such legal claim or action and pay Losses finally awarded by a court against you or included in a settlement approved by the Company, provided you: (i) promptly notify the Company in writing of such claim or action; (ii) supply to the Company information the Company requests about such claim or action; and (iii) allow the Company to control, and reasonably cooperate in, the defense and settlement of such claim or action, including mitigation efforts. Notwithstanding the foregoing, you understand the Company has no liability for Losses to the extent based on non-Company products and services and items not provided by the Company.
3. If your use of the Resources and/or Services is, or is likely to be, enjoined, or if necessary to avoid liability hereunder, as determined by the Company, in its sole discretion, the Company may: (i) procure for you the right to continue using the affected parts of the Resources and/or Services; (ii) replace or modify the affected parts of the Resources and/or Services so that your use becomes non-infringing; and/or (iii) terminate your right to use the Resources and/or Services and provide you with a refund of a pro rata portion of the fees prepaid by you.

IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, LOST PROFITS, REMOTE, COVER, EXEMPLARY, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, REGARDLESS OF THE FORESEEABILITY OF SUCH DAMAGES RESULTING FROM THIS USER AGREEMENT, OR THE USE OR INABILITY OF USE OF THE RESOURCES, THE SERVICES, OR THE CONTENT. FURTHER, THE COMPANY WILL NOT HAVE ANY LIABILITY TO YOU FOR ANY ACTION OF ANY THIRD PARTY OR ANY CONTENT. THE COMPANY’S MAXIMUM LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CLAIMS ARISING OUT OF THIS USER AGREEMENT AND/OR FROM THE USE OF THE RESOURCES, THE SERVICES, AND/OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID THE COMPANY HEREUNDER DURING THE TWELVE (12)-MONTH PERIOD ENDING ON THE DATE OF THE CAUSE OF ACTION UNDERLYING SUCH DAMAGES, LOSSES, AND CLAIMS.

YOU ACKNOWLEDGE THE COMPANY DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. ACCORDINGLY, THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS OR ANY ISSUE OUTSIDE OF THE COMPANY’S REASONABLE CONTROL.

THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THEY ENTER INTO THIS USER AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN, WHICH ALLOCATE RISK BETWEEN YOU AND THE COMPANY AND FORM A BASIS OF BARGAIN BETWEEN THE PARTIES.

1. The Receiving Party (as defined herein) will hold confidential, not use except as otherwise authorized herein, and protect from unauthorized disclosures to third parties the Confidential Information of a Disclosing Party (each, as defined herein). For purposes hereof, “Confidential Information” means any information disclosed or otherwise made available by one party (the “Disclosing Party”) to the other party (the “Receiving Party”) that relates to such Disclosing Party and that reasonably should be known to the Receiving Party to be confidential or proprietary to the Disclosing Party due to the circumstances of disclosure or the nature of the information disclosed. Confidential Information will not include information that: (i) was publicly available, or that subsequently becomes publicly available, except by wrongful disclosure hereunder by a Receiving Party; (ii) was in a Receiving Party’s possession prior to receipt of the same hereunder, as evidenced by such Receiving Party’s prior written records; (iii) was received from a third party who was not known by such Receiving Party to be under any obligation of confidentiality with respect to such information or to have violated applicable law; or (iv) is approved in writing for release by the Disclosing Party. Nothing set forth herein shall be construed to prohibit the Company from disclosing a Disclosing Party’s Confidential Information to any third party that has a need to know such information in connection with the Services or with the enforcement of its rights hereunder. From time to time, a Receiving Party may be required to disclose a Disclosing Party’s Confidential Information by order or other requirement of a court (e.g., subpoena), administrative agency, or other governmental body or applicable law, as determined by the Receiving Party or its legal counsel. In such event, such Receiving Party is permitted to disclose such information to the extent necessary to comply with such order or legal requirement; provided, however, that prior to such disclosure, such Receiving Party will notify such Disclosing Party in writing of any such order or subpoena, to the extent it is lawfully permitted to do so, and will provide such Disclosing Party with a reasonable opportunity to block disclosure of such information to the extent such Disclosing Party deems necessary.
2. The Company will take appropriate, generally accepted industry, technical, administrative, and organizational measures designed to protect against the unauthorized use or unlawful processing of your Confidential Information.

1. If you have an Account, at any time, you may terminate this User Agreement (and the associated Account) by providing us with fifteen (15) days’ prior written notice of your intention to terminate this User Agreement. In addition to the foregoing, at any time, a party may terminate this User Agreement immediately in the event that: (i) the other party fails to cure its material breach of any term or condition, or of any of its representations or warranties, set forth herein within thirty (30) days’ after such other party’s receipt of written notice thereof; or (ii) the other party files a petition in bankruptcy or for reorganization or a third party files a petition in bankruptcy or for reorganization against such other party, which is not dismissed within sixty (60) days, or in the event of an assignment by such other party for the benefit of its creditors, or the appointment of a receiver, trustee, liquidator or custodian for all or a substantial part of such other party’s assets. Your termination notice must be emailed to the Company at support@levitateapp.com. Notwithstanding any termination or expiration of this User Agreement, you agree to pay the Company all amounts due to the Company for the then-current subscription period (as if such termination had not occurred).
2. Upon any termination of this User Agreement, you must immediately cease accessing or using the Resources and the Services and hereby agree not to further access or make use of, or attempt to use, the Resources and the Services. You acknowledge the Company reserves the right to take action, technical, legal, or otherwise, to block, nullify or deny your ability to access the Resources and the Services. You understand the Company 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 the Company.

Your subscription to access and use the Resources and Services is continuous and will renew automatically for a period corresponding to the subscription period you selected in the Order. You authorize us to authorize our third party payment processor automatically to charge your credit card on file or issue an invoice for subsequent subscription periods. You may elect not to renew this User Agreement (and your Account) no later than ten (10) business days prior to the next renewal date by emailing your election not to renew to support@levitateapp.com, or by calling our main number at 1-888-253-7050.

This User Agreement is governed by the laws of the State of North Carolina, as it is applied to agreements entered into and to be performed entirely within North Carolina, except for those conflicts of law rules thereof that would require or permit the application of the laws of another jurisdiction. Any dispute or controversy arising under, out of, or in connection with this User Agreement shall be resolved by binding arbitration under the then-current Commercial Arbitration Rules of the American Arbitration Association (including the expedited procedures and optional rules for emergency measures of protection thereunder) before a single arbitrator. Any such arbitration shall be conducted in Raleigh, North Carolina. Judgment upon any award may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, the Company has the right to seek injunctive relief or other equitable or legal remedies in a court of competent jurisdiction in the State of North Carolina, to which jurisdiction, for such purpose, you hereby irrevocably consent. All rights and remedies hereunder are cumulative.