Terms and Conditions
Last Updated: June 17, 2021
- 1. Who We Are
- 3. Limited Right to Use
- 4. Communications and User Conduct
- 5. Return & Refund
- 6. Healthcare Program
- 7. Monitoring and Errors
- 8. Trademarks
- 9. Indemnity
- 10. Limitation of Liability
- 11. Disclaimer
- 12. Electronic Transmissions
- 13. Links
- 14. Intellectual Property Notices
- 15. Applicable Laws
- 16. Privacy
- 18. General
- 19. How to Contact Us
- 20. California Consumer Rights and Notices
- 21. Investigations; Cooperation with Law Enforcement; Termination; Survival
1. Who We Are
Vitaminddrops.com (the “website”) is a site operated by Ddrops Company, a company incorporated in Canada with a registered office at 126 Trowers Road, Woodbridge, Ontario L4L 5Z4, Canada.
Details of how to contact us are set out below at Section 19.
The contents of this website are for informational purposes and are not intended to offer personal medical advice. You should seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this website.
By using the website, you are: (i) representing that you have reached the legal age of majority in your jurisdiction of residence; (ii) representing that you are a resident of Canada, the United States of America or United Kingdom; (iii) indicating your acceptance of, and agreement to be legally bound by, all of these Terms Use, as they govern your access to and use of the website and any services, products, materials, or information available on or through the website; and (iii) agreeing to comply with all applicable laws and regulations as they may change from time to time. IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO ACCESS OR OTHERWISE USE THE WEBSITE.
3. Limited Right to Use
4. Communications and User Conduct
Certain features and/or portions of this website may permit you to upload, post or otherwise transmit content that you have created, including reviews of Ddrops products (the “User Content”). All communications from you to this website, in the form of comments, questions, or general feedback, will be considered non-confidential and non-proprietary.
You agree that you shall not use the website to upload, post, communicate or otherwise submit or transmit through, or to, the website any User Content that, as determined in the sole and absolute discretion of Ddrops Company:
- i. claims or depicts that any Ddrops Company product, or any third party product, has any effect or benefit other than those effects or benefits that are described in the product materials provided by Ddrops Company, or the manufacturer/distributor of such product. If you have had an adverse reaction to one of our products, you may contact us using the information in Section 19 below. If you inform us of an adverse reaction to one of our products, such as an allergic reaction or other health issue, we may be required to report the matter to health regulatory authorities. We may also contact you to ask you for more information about your experience. If you have an urgent healthcare related matter please contact your healthcare provider or go to your nearest emergency facility.
- ii. may degrade, disparage, tarnish or deprecate Ddrops Company or its products and/or the public image or standing in the community of Ddrops Company or its products, provided it is understood that this shall not be interpreted to prohibit you from expressing your true and honest experience with Ddrops Company or its products in a manner prohibited under applicable law;
- iii. is be defamatory, trade libelous, pornographic or obscene;
- v. contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual and his/her parent/legal guardian if he/she is under the age of majority in his/her jurisdiction of residence;
- vi. infringes, or might infringe, the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others or give rise to any claims for payment whatsoever;
- vii. contains any viruses, trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- viii. contains (in any format or media) any music, logos, trademarks or other copyrighted materials (e.g., photographs, pictures, texts, lyrics, etc.) unless you have first obtained consent from the owner of such materials.
By using the website and providing content, you: (i) grant to Ddrops Company a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all User Content (in any format or media) that you post on, upload or otherwise submit to or through, the website; and (ii) waive all moral rights in and to all User Content that you post on, upload or otherwise submit to or through, the website in favour of Ddrops Company. For greater certainty and the avoidance of doubt, this means that, among other things, Ddrops Company has the right to use any and all User Content and ideas you submit (including ideas about our products, services, publications or advertising campaigns) in any manner that we choose, without any notice or obligation to you whatsoever. In order to further effect the rights and license that you grant to Ddrops Company to your User Content, you also hereby grant to Ddrops Company, and agree to grant to dDrops Company, the unconditional, perpetual, irrevocable right to use and exploit your name, social media handles, username, persona, and likeness in connection with any User Content, without any obligation or remuneration to you. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 4.
You represent and warrant that any User Content you upload, post, communicate or otherwise submit or transmit through, or to, the website:
- a. is original to you and that you have obtained all necessary rights in and to the User Content and all of its components (if applicable) to post, upload, or otherwise submit it to or through the website; and
- b. does not violate any law; and
Ddrops Company may provide users with forums where they can post User Content to our website. Ddrops Company does not necessarily endorse, support, or agree with User Content posted by external users. You agree that you are solely responsible for the content of your communications and their legality under all laws.
You agree that you shall not use the website to:
- i. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of the website;
- ii. collect information about others without their consent; and/or
- iii. upload, post, email, transmit or otherwise make available any content that you do not have the right to disclose or make available.
You agree that you shall not engage in prohibited or unauthorized use of the website or of Ddrops Company systems, including, but not limited to, unauthorized entry into the systems, misuse of passwords, or misuse of any information on the website.
5. Return & Refund
We do not provide refunds for products purchased by sellers whether on-line or in a brick and mortar retail store. You must abide by the return and exchange policies set in place by the seller you have made your purchase with. Please contact the seller in question for more details. For Amazon purchases, please contact Amazon support directly.
6. Healthcare Program
If you are a healthcare professional, such as a Pediatric, Family Practice or other Primary Care Practitioner, you may apply on this website to participate in our “Healthcare Program”. The Healthcare Program is intended as a convenient means for approved healthcare professionals in Canada or the United States to request Ddrops product samples and/or materials to support their practice.
To participate in the Healthcare Program, you must apply for approval by Ddrops Company. To apply, you must complete the application form on this website, which may require you to provide your name, address, telephone number, email address, professional qualifications, including registration number, and information regarding your practice. Applications will be reviewed and approved by Ddrops Company in its sole and absolute discretion. By applying, you represent and warrant that:
- 1. You are a healthcare professional currently practicing in Canada or the United States, and
- 2. The contact information you provide is your personal professional contact information, and is not the contact information for an emergency line or healthcare facility.
If you are approved by Ddrops Company you may use the Healthcare Program to request product samples and other materials as Ddrops Company chooses to make available from time to time. Ddrops Company reserves the right to provide samples or other materials in its discretion, and in quantities of its choosing. Samples and other materials may be limited in supply, or available only for limited periods.
You understand and agree that Ddrops Company may use the phone, fax, mailing address and/or email address that you have provided with your application for the purposes of following up on samples, materials and/or to inform you of new sample products and materials.
Samples will only be shipped to a valid mailing address (as determined by Ddrops Company in its sole and absolute discretion). Currently, we are only able to ship to addresses located in Canada or the United States. However, please note that we may not be able to ship to all valid addresses and, in such circumstances, we reserve the right in our sole and absolute discretion not to approve your request. We are not able to deliver to PO boxes, APO (military) boxes, FPO (foreign) boxes, freight forwarders, hotels, retail locations, or international addresses outside Canada or the United States.
All sample requests are subject to verification by Ddrops Company at any time and for any reason. We reserve the right, in our sole and absolute discretion, to require proof of identity (in a form acceptable to Ddrops Company): (i) for the purposes of verifying the legitimacy of any sample request and/or other information; and/or (ii) for any other reason we deem necessary, in our sole and absolute discretion, for the purposes of fulfilling a sample request in accordance with our interpretation of the terms and conditions of this agreement.
Any product samples or other materials you receive through the Healthcare Program are to be distributed to your patients, without charge and in accordance with your professional judgement, and are not for resale.
7. Monitoring and Errors
10. Limitation of Liability
For residents of the United Kingdom: (a) These Terms do not exclude or limit Ddrops Company’s liability (if any) for:
- (i) death or personal injury caused by Ddrops Company’s negligence;
- (ii) fraud;
- (iii) fraudulent misrepresentation; or
- (iv) any matter which it would be illegal for Ddrops Company to exclude or attempt to exclude Ddrops Company’s liability.
(b) Ddrops Company is only liable to you for losses which you suffer as a direct result of Ddrops Company’s breach of these Terms and which are reasonably foreseeable. Ddrops Company is not liable for any other losses or for business losses (including but not limited to loss of profits, contracts, goodwill or opportunity).
To the fullest extent permitted by the applicable law, the website is provided by Ddrops Company on an “as is” and “as available” basis. Ddrops Company makes no warranties of any kind, express or implied, as to the operation of this website, or the information, content, materials, or products included on this website. You agree that your use of this website is at your sole risk. You should not assume that the materials on this website are continuously updated or contains current information. Ddrops Company is not responsible for providing content or materials that have been expired or removed. Facts and information provided by Ddrops Company on the website are believed to be accurate when placed on the website. Changes may be made at any time to the information at this website without prior notice. Please consult Ddrops Company for complete and up-to-date information on our products.
To the fullest extent permissible by applicable law, Ddrops Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Ddrops Company does not warrant that this website, servers, or email sent from this domain are free of viruses or other harmful components. Ddrops Company will not be liable for any damages of any kind arising from the use of this website, including, but not limited to, direct, indirect, incidental, or consequential damages.
Without limiting the generality of the foregoing, Ddrops Company makes no representation or warranty that: (i) the website will be compatible with your device and software; (ii) the website will be available or will function without interruption or error; (iii) the use of the website, including, without limitation, the browsing and downloading of any information, will be free of any viruses, trojan horses, worms or other destructive, intrusive or disruptive components; (iv) the transmission of information to and from the website will be secure; (v) the use of the website will not infringe the rights (including, without limitation, intellectual property rights) of any person; or (vi) the use of the website will not cause any damage to your computer systems, software or electronic files.
Comments or opinions expressed on the website are those of their respective site users only. The views expressed on the website and in user content do not necessarily represent or reflect the views of Ddrops Company. Ddrops Company is not responsible for, and disclaims all liability in relation to, the User Content posted, uploaded or otherwise submitted to or through the website.
Any products and/or services described on the website are offered in jurisdictions where they may be legally offered for sale. The information on the website is not an offer or solicitation by anyone in anyone in any jurisdiction in which an offer or solicitation cannot legally be made, or to any person to whom it is unlawful to make a solicitation.
Ddrops Company will not under any circumstances be liable to you or any other person or entity for any damages whatsoever arising from, connected with, or relating to the website. You expressly acknowledge that Ddrops Company has entered into this agreement with you and makes the website available to you, in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and Ddrops Company. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy, or termination of this agreement.
12. Electronic Transmissions
14. Intellectual Property Notices
I. Procedure For Alleging Copyright Infringement
A. DMCA Notice. Ddrops Company will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the website, then you may send us a written notice that includes all of the following:
- (i) a legend or subject line that says: “DMCA Copyright Infringement Notice”;
- (ii) a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- (iii) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL or page of the website on which the material appears);
- (iv) your full name, address, telephone number and email address;
- (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- (vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
- (vii) your electronic or physical signature.
Ddrops Company will only respond to DMCA Notices that it receives by mail, email or facsimile at the addresses below:
- By Mail: Ddrops Company, 126 Trowers Rd., Woodbridge, Ontario L4L 5Z4 (Attn: DMCA Agent)
- By Fax: 1-866-761-9333
- By Email: firstname.lastname@example.org
It is often difficult to determine if your copyright has been infringed. Ddrops Company may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Ddrops Company may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.
Without limiting Ddrops Company’s other rights, Ddrops Company may, in appropriate circumstances, terminate a repeat infringer’s access to the website and any other website owned or operated by Ddrops Company.
B. Counter-Notification. If access on the website to a work that you submitted to Ddrops Company is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:
- (i) a legend or subject line that says: “DMCA Counter-Notification”;
- (ii) a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL or page of the website from which the material was removed or access to it disabled);
- (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- (iv) your full name, address, telephone number, e-mail address, and the username of your account;
- (v) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Central District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
- (vi) your electronic or physical signature.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the website. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.
II. Procedure For Alleging Infringement of Other Intellectual Property
If you own intellectual property other than copyrights and believe that your intellectual property has been infringed by an improper posting or distribution of it via the website, then you may send us a written notice to the addresses set forth above that includes all of the following:
- (a) a legend or subject line that says: “Intellectual Property Infringement Notice”;
- (b) a description of the intellectual property that you claim has been infringed;
- (c) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL or page of the website on which the material appears);
- (d) your full name, address, telephone number and email address;
- (e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law;
- (f) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the owner of the intellectual property at issue (or, if you are not the owner, then your statement must indicate that you are authorized to act on the behalf of the owner of the intellectual property that is allegedly infringed); and
- (g) your electronic or physical signature.
We will act on such notices in our sole discretion. Any user of the website that fails to respond satisfactorily to Ddrops Company with regard to any such notice is subject to suspension or termination. We may send the information that you provide in your notice to the person who provided the allegedly infringing material.
15. Applicable Laws
If you reside in Canada, all matters relating to your access and use of this website shall be governed by the laws of the Canada and if you reside in the United States all matters relating to your access and use of this website shall be governed by the laws of the State of California, without regard to its conflicts of law provisions. Unless otherwise prohibited by law, for users who reside in Canada (other than residents of the province of Quebec), any action relating to your use and access of this website shall be brought exclusively in the federal and provincial courts located in Ontario, Canada and you expressly agree to be subject to the jurisdiction and venue of such courts.
15.B. For users who reside in the United States only, the following arbitration provisions apply to all dispute resolution. For clarity, this Section 15.B. applies only to residents of the United States, and does not apply to residents of Canada or the United Kingdom.
Certain portions of this Section 15 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Ddrops Company agree that we intend that this Section 15 satisfies the “writing” requirement of the Federal Arbitration Act.
B. Binding Arbitration. If we cannot resolve a Dispute as set forth in Section 15(A) (or agree to arbitration in writing with respect to an Excluded Dispute) within sixty (60) days of receipt of the notice, then ANY AND ALL DISPUTES ARISING BETWEEN YOU AND DDROPS COMPANY (WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT— INCLUDING, BUT NOT LIMITED TO, FRAUD, ANY OTHER INTENTIONAL TORT OR NEGLIGENCE,—COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY OR ANY OTHER LEGAL OR EQUITABLE THEORY), WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT OR SERVICE PURCHASED THROUGH THE WEBSITE OR ADVERTISING AVAILABLE ON OR THROUGH THE WEBSITE. For U.S. residents, the Federal Arbitration Act (“FAA”), not state law, shall govern the arbitrability of all disputes between Ddrops Company and you regarding these Terms (and any Additional Terms) and the website, including the “No Class Action Matters” Section below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. Ddrops Company and you agree, however, that the applicable state, federal or provincial law, as contemplated above shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between you and Ddrops Company regarding these Terms and the website, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to any jurisdiction’s choice of law principles.
Any Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”), except as modified herein, and the arbitration will be administered by the AAA. If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling to set a hearing then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of Ddrops Company consent to in writing. If an in-person arbitration hearing is required and you are a U.S. resident, then it will be conducted Austin, Texas. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Ddrops Company to pay a greater portion or all of such fees and costs in order for this Section 15 to be enforceable, then Ddrops Company will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitration will be conducted by a single arbitrator who will apply and be bound by these Terms and any Additional Terms, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration and class action waiver provisions are for the court to decide. This arbitration provision shall survive termination of these Terms or the website. You can obtain AAA and JAMS procedures, rules, and fee information as follows: AAA: 800.778.7879 and https://www.adr.org and JAMS: 800.352.5267 and https://www.jamsadr.com.
C. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT A EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 15(A)) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES — OR IT WILL BE FOREVER BARRED. Commencing means, as applicable: (a) by delivery of written notice as set forth above in Section 15(A); (b) filing for arbitration as set forth in Section 15(B); or (c) filing an action in state or Federal court.
D. Injunctive Relief. The foregoing provisions of this Section 15 will not apply to any legal action taken by Ddrops Company to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the website, any content, your User Content and/or Ddrops Company’ intellectual property rights (including such Ddrops Company may claim that may be in dispute), Ddrops Company’ operations, and/or Ddrops Company’ products or services.
E. No Class Action Matters. YOU AND DDROPS COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Section 15(B) to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section 15(F). Notwithstanding any other provision of this Section 15, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this “No Class Action Matters” Section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.
F. Jurisdictional Issues. Except where arbitration is required above or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising hereunder may only be instituted in state or Federal court in Los Angeles California, California. Accordingly, you and Ddrops Company consent to the exclusive personal jurisdiction and venue of such courts for such matters.
G. Small Claims Matters Are Excluded from Arbitration Requirement. Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court of competent jurisdiction.
19. How to Contact Us
126 Trowers Rd.
Attn: Privacy Officer
20. California Consumer Rights and Notices.
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254. Their website is located at: https://www.dca.ca.gov.
21. Investigations; Cooperation with Law Enforcement; Termination; Survival.