 |
 |
Terms and Conditions
This website ("Site") is provided to you by First Home Tour ("First Home Tour or FirstHomeTour"). Your access to and use of this Site is subject to these Terms and Conditions of Use. By accessing this Site you ("you") agree to be bound by these Terms and Conditions of Use whether or not you have read them. If you do not agree to these Terms and Conditions of Use, do not access this Site. First Home Tour may at its sole discretion modify these Terms and Conditions of Use at any time and such modifications will be effective immediately upon being posted on this Site. Your continued use of this Site will indicate your acceptance of these modified Terms and Conditions of Use.
PRICE AND AVAILABILITY
The products and services offered or referred to on this Site are subject to availability. The prices stated for such products and services are subject to change without notice.
RELIANCE ON INFORMATION
This Site may include inaccuracies or typographical errors that may be corrected as they are discovered at First Home Tour's sole discretion.
CHANGES TO THE SITE
Changes may be made at any time to the information, names, text, software, images, pictures, logos, trademarks, products and services and any other material displayed on, offered through or contained on this Site.
CHANGES TO TERMS AND CONDITIONS
First Home Tour may at any time, and at its sole discretion, modify these Terms and Conditions of Use, including without limitation the Privacy Policy, with or without notice. Such modifications will be effective immediately upon posting. You agree to review these Terms and Condition of Use periodically and your continued use of this Site following such modifications will indicate your acceptance of these modified Terms and Conditions of Use. If you do not agree to any modification of these Terms and Conditions of Use, you must immediately stop using this Site.
PRIVACY POLICY
First Home Tour's personal information practices on this Site are governed by First Home Tour's privacy statement. Please review this privacy statement and print a copy for your records. This Site does not intend to target or collect personal information from individuals under the age of 13.
LINKS
This Site may contain links to or references to third party websites. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Site. Any information, data, opinions, recommendation, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of First Home Tour or its affiliates. Your use of such third party websites is subject to the terms and conditions of use and the privacy policies of such websites.
YOUR OBLIGATIONS
In providing registration and transactional information to First Home Tour, you agree to provide true, accurate, current and correct information about yourself, and to maintain and update registration information to keep it true, accurate, current and complete. If First Home Tour has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, First Home Tour has the right to suspend or terminate your account and refuse any and all current or future use of the account.
In using this Site you agree that you will not: (a) post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; (b) omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (c) impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity; (d) engage in any activities intended to withhold or cloak identity or contact information; (e) send harassing and/or threatening messages to others; (f) post excessive responses to interactive features or functions of this Site or (g) engage in 'flooding', i.e., ICMP flooding and mail bombing (sending large amounts of email repeatedly to the same email address)
You agree that you are responsible for your own communications and that you will not post, disseminate or transmit any content that: (a) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous, or invasive of another's privacy; (b) infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right including, but not limited to, using third-party copyrighted materials without appropriate permission, using third-party trademarks without appropriate permission or attribution, and using or distributing third-party information protected as a trade secret in violation of a duty of confidentiality; (c) you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or (d) contains personally identifiable information belonging to minors.
To the extent that the following activities are prohibited by applicable law, in using this Site you will not: (a) use the Site for any illegal purpose, in violation of any applicable laws or regulations; (b) publish web pages that contain links that initiate downloads of copyright-infringing or other illegal material; (c) electronically stalk or otherwise electronically harass another; or (d) engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law.
To the extent that any of the following activities materially interfere with this Site or the network and systems of a First Home Tour service provider ("Service"), you will not: (a) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs on this Site; (b) use Internet Relay Chat (IRC) bots, i.e., programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day; (c) hinder the ability of others to use IRC; (d) disrupt the normal flow on this Site or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (e) interfere with, disrupt, or harm in any way the servers or networks connected to this Site or Service; (f) use this Site or Service to access the accounts of others without permission; (g) attempt to penetrate security measures of this Site, Service, or another entity, or obtain or bypass others passwords; or (h) engage in denial of service attacks, i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic.
USER REVIEWS, FEEDBACK, SUBMISSIONS
You may submit ratings, reviews, tips, comments, feedback, postcards, suggestions, ideas, and other materials to First Home Tour.com (collectively, the "Content"). First Home Tour does not endorse, and takes no responsibility and assumes no liability for, any Content posted by you or any third party. First Home Tour reserves the right (but not the obligation) to remove, restrict, or edit such Content, but does not regularly review posted Content.
By posting Content, you grant First Home Tour and its subsidiaries and affiliates a nonexclusive, perpetual, irrevocable, royalty-free right to use, display, adapt, modify, copy, reproduce, distribute, publish, translate, promote, and create derivative works from, the Content, anywhere in the world, in any form, in any media, and for any purpose, and to sublicense any or all of the foregoing rights to others. Further, you represent and warrant that you own or otherwise control all rights to the Content and that use or public posting of the Content will not infringe upon or otherwise violate the rights of any third party, including, without limitation, any copyright, trademark, or other intellectual property right, right of privacy, or any other rights of any nature. Your Content may not cause injury to any person or entity. Furthermore, no Comment submission may contain libelous or otherwise unlawful, abusive or obscene material. Content may not contain software viruses, political campaign material, commercial solicitations, chain letters, mass mailings or any form of "spam." The member submitting the Comment is solely responsible for any losses, costs, expenses and damages that result from any violations of First Home Tour's policies regarding Content.
Content submitted to First Home Tour.com (including your name) will not be confidential and may be published or disclosed in First Home Tour's sole discretion, without any compensation to you. First Home Tour may, but is not obligated to, respond to any Content.
Content posted on First Home Tour.com may, at First Home Tour's sole discretion, be monitored, edited or removed with or without notice. However, First Home Tour does not, and is not obligated to, regularly review posted Content. By submitting Content, you grant First Home Tour the right to use your submitted name in connection with your Content. You agree not to use a false email address, impersonate any person or entity, or otherwise misrepresent your identity or the origin of any Content you may submit. You alone shall be fully responsible for any content contained within your Comment submissions, and you agree to indemnify First Home Tour and its affiliates for any and all claims resulting from Content you submit. To First Home Tour and its affiliates accept no responsibility or liability for any Content submitted by you or any third party.
MANAGING YOUR PASSWORD AND YOUR ACCOUNT
You are solely responsible for managing your password and for keeping your password confidential. No one from First Home Tour will be authorized to provide your password. If you have forgotten your password, click on "Forgot password." Follow the instructions, your password will be emailed to you. You are also solely responsible for restricting access to any computer you use to access your First Home Tour.com account or your FIRST HOME TOUR ONLINE membership. You agree that you are responsible for all activities that occur on your account or through use of your password by yourself or by other persons.
INTELLECTUAL PROPERTY
The materials displayed on or contained within this Site including, without limitation, all Site software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and service marks (the "Materials"), are the property of First Home Tour or its licensors and are protected by copyright, trademark and other intellectual property laws. FIRST HOME TOUR name, design and related marks are trademarks of First Home Tour Inc.© 2007 First Home Tour Inc. All rights reserved.
First Home Tour Inc. hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the Materials for noncommercial and personal use only; provided that you maintain all copyright and other notices contained in such Materials. You agree not to reproduce, modify, create derivative works from, display, perform, distribute, disseminate, broadcast or circulate any Materials to any third party (including, without limitation, the display and distribution of Materials via a third part website) without express prior written consent of First Home Tour Inc. Use of Materials is only permitted with the express written permission of First Home Tour Inc. and/or its licensors. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Materials.
This Section will survive the termination of your right to use this Site.
DISCLAIMER OF WARRANTIES
THIS SITE, ITS CONTENTS, AND ANY SOFTWARE, PRODUCTS, AND SERVICES OFFERED OR CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS AND ON AN "AS AVAILABLE" BASIS. FIRST HOME TOUR INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE, ITS CONTENTS, OR SUCH SOFTWARE PRODUCTS AND SERVICES, AND DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE., NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THIS SITE, ITS CONTENT OR ANY LINKS, ANY SOFTWARE, TOOLS, TIPS, PRODUCT OR SERVICES PROVIDED THROUGH THIS SITE. IN ADDITION, FIRST HOME TOUR DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL FIRST HOME TOUR, ITS AFFILIATES, FIRST HOME TOUR FRANCHISEES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH: THIS SITE; ANY MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON THIS SITE; ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THIS SITE; ANY LINK PROVIDED ON THIS SITE; AND YOUR ACCOUNT AND PASSWORD, WHETHER OR NOT FIRST HOME TOUR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS SITE.
YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS SITE.
INDEMNIFICATION
You agree to indemnify and hold harmless First Home Tour and its affiliates and their respective directors, officers, employees, agents or other representatives from and against all claims, liability and expenses, including all legal fees and costs arising from or relating to (a) your breach of these Terms and Conditions of Use; and (b) your use of this Site including transmission or placement of information or material by you on this Site. This provision shall survive the termination of your right to use this Site.
DISPUTE RESOLUTION
All claims, disputes or controversies (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to: (a) these Terms and Conditions of Use; (b) this Site; (c) any advertisement or promotion relating to these Terms and Conditions of Use or this Site; or (d) transactions effectuated through this Site, or (e) the relationship which results from these Terms and Conditions of Use (including relationships with third parties who are not party to these Terms and Conditions of Use) (collectively "Claims"), will be referred to and determined by binding arbitration governed by the Federal Arbitration Act and administered by the American Arbitration Association under its rules for the resolution of consumer-related disputes, or under other mutually agreed procedures. Because this method of dispute resolution is personal, individual and provides the exclusive method for resolving such disputes, you further agree, to the extent permitted by applicable laws, to waive any right you may have to commence or participate in any class action or class-wide arbitration against First Home Tour related to any Claim.
This provision shall survive the termination of your right to use this Site.
TERMINATION
First Home Tour may at any time and at its sole discretion terminate your right to use this Site.
GOVERNING LAW
These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the State of
RELIANCE ON INFORMATION
This Site may include publications with technical inaccuracies or typographical errors that may be corrected as they are discovered at First Home Tour's sole discretion. Also, changes are periodically made to the information contained herein.
FIRST HOME TOUR Online® TERMS AND CONDITIONS ("ONLINE TERMS AND CONDITIONS")
In addition to the foregoing FIRST HOME TOUR Online Site Terms and Conditions of Use, membership in the FIRST HOME TOUR Online service ("FIRST HOME TOUR Online") is subject to the following additional Online Terms and Conditions, and to payment of the applicable monthly membership fee. Amount of the membership fee may be changed from time to time as provided herein. FIRST HOME TOUR Online membership is not transferable. The FIRST HOME TOUR Online membership term commences on the date you submit your billing information for FIRST HOME TOUR Online membership and is valid with monthly renewals until cancellation as outlined below (the "Membership Term"). By subscribing to FIRST HOME TOUR Online, you agree to be bound by these Online Terms and Conditions. You must be at least eighteen years old and have Internet access, a valid email address, and a valid credit card to be a member of FIRST HOME TOUR Online.
These Online Terms and Conditions are subject to change by First Home Tour at any time, in its sole discretion, with or without advance notice. The most current version of the Online Terms and Conditions, which will supersede all earlier versions, can be accessed through the hyperlink at the bottom of the First Home Tour.com site. You should review the Online Terms and Conditions regularly, to determine if there have been changes. Continued use of your FIRST HOME TOUR Online membership constitutes acceptance of the most recent version of the Online Terms and Conditions.
Membership Plans.
All FIRST HOME TOUR Online membership plans allow members to create virtual tours. When subscribing to the “Unlimited Monthly” account members may create unlimited virtual tour as long as they have a current account and are not in breach of the above. Users subscribing to the “Unlimited Monthly” account are not required to sign a contract or pay a setup fee, the will however be billed their setup recurring amount monthly until written or verbal notice has been give to FIRST HOME TOUR. All tours created within a current “Unlimited Monthly” account will remain available for one year from the date of creation. When subscribing to the “Pay as you go” account users will be billed the first day of the month for tours created the month prior. The account will remain active until cancelled and tours paid for will be available for one year from the date of creation. If a user wishes to cancel their “Pay as you go” account, they may do so by submitting written or verbal notice to FIRST HOME TOUR. When subscribing to the “Re-seller” account user can setup unlimited agents and tours for those agents, billing for those tours created will be calculated on the first of the month for the month prior. The account will remain active until cancelled and tours paid for will be available for one year from the date of creation. If a user wishes to cancel their “Reseller” account, they may do so by submitting written or verbal notice to FIRST HOME TOUR. When subscribing to the “Corporate” account the user can setup unlimited agents and tours for those agents, billing for those accounts existing and created will be calculated on the first of the month for the month prior. A subscriber to a “Corporate” account agrees to pay the monthly recurring fee to keep the account active. The account will remain active until cancelled and tours paid for will be available for one year from the date of creation. If a user wishes to cancel their “Corporate” account, they may do so by submitting written or verbal notice to FIRST HOME TOUR.
Consent to Electronic Communications.
You consent to receive communications from First Home Tour about your FIRST HOME TOUR Online membership electronically, either by e-mail or by notices posted on this site, as determined by First Home Tour in its sole discretion. You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by First Home Tour in writing is satisfied by such electronic communication. You agree that FIRST HOME TOUR Online may send you e-mails which include notices about your account as well as information pertaining to our service, such as featured products or new offerings. You agree that this information is part of your subscription and your relationship with FIRST HOME TOUR Online.
How to Subscribe.
To subscribe to FIRST HOME TOUR Online, you must provide to First Home Tour your name, billing address, e-mail address and credit card information for the payment of the selected account fee (hereinafter referred to as your "Payment Method"). By requesting membership in FIRST HOME TOUR Online and by accepting the benefits of FIRST HOME TOUR Online, you agree that as a condition of your continued membership in FIRST HOME TOUR Online you authorize First Home Tour or its agent to charge your Payment Method the monthly FIRST HOME TOUR Online membership fee applicable to your membership plan (e.g., Corporate, Reseller, Pay as you go, Monthly), in effect from month to month, until your FIRST HOME TOUR Online membership is canceled. You will not be provided with copies of charge slips evidencing the recurring charges of the applicable monthly membership fee. You agree to pay the applicable monthly membership fees in accordance with your Payment Method issuer agreement, if applicable. You also authorize First Home Tour to charge your Payment Method for any other charges you may incur associated with your FIRST HOME TOUR Online membership, including, without limitation, any charges for unwarranted chargebacks.
Fees Relating to your Payment Method.
You are solely responsible for any and all fees charged to your Payment Method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds ,over the credit limit fees and chargeback fees FIRST HOME TOUR incurs.
Promotional Offers.
From time to time, in FIRST HOME TOUR Online's sole discretion, FIRST HOME TOUR Online may offer a reduced membership fee for the FIRST HOME TOUR Online service for a specified promotional period, to first-time or other selected customers. If you are taking advantage of an introductory offer for new customers, at the time of submitted payment information for the FIRST HOME TOUR Online service, your Payment Method will be charged the promotional price for the promotional period. For all promotional offers, you agree that any such reduced price is only valid for the specified promotional period, and that the regular applicable monthly membership fee will be charged to your Payment Method for each automatic renewal following the end of the promotional period. Terms of the promotional offer, including the promotional price and duration of the promotional price, may vary from time to time. Specific details of your offer not covered in these Online Terms and Conditions will be explained on the web page on which you land prior to beginning the sign-up process or as part of the sign-up process.
Free Trials.
From time to time, in FIRST HOME TOUR Online's sole discretion, FIRST HOME TOUR Online may offer a free trial period to first-time customers, limit one per household and/or Payment Method provided. Where such an offer is made, at the time of registration for your free trial, no credit card information is required. If the trial user wishes to subscribe, they may update their billing information and they will be entered into our billing system. If they choose not to subscribe after the free trial period any tours created will then expire. Other terms of free trial offers, including duration of free trial, may vary. Specific details of your free trial not covered in these Online Terms and Conditions will be explained on the web page you land on prior to beginning the sign-up process or as part of the sign-up process. Your trial period begins the day you sign up for FIRST HOME TOUR Online membership..
Expiration Date and Refusal of Charges to Your Payment Card.
If your Payment Card reaches its original expiration date, your failure to cancel your FIRST HOME TOUR Online membership constitutes authorization for First Home Tour to continue billing that Payment Card. If your Payment Card for any reason will not accept charges for any membership fee, you have a period of 15 days from the date that your Payment Card was declined to make your Payment Card information valid by either rectifying the issue with the Payment Card issuer or providing new Payment Card information at www.First Home Tour.com. If FIRST HOME TOUR Online is able to charge your Payment Card (existing or new, if you have provided new Payment Card information) during the 15-day period and any past due FIRST HOME TOUR Online membership fees are paid, then FIRST HOME TOUR Online benefits will continue uninterrupted and this Payment Card will be used to charge the applicable membership fee for each consecutive period until your FIRST HOME TOUR Online membership is canceled and will be your Payment Card for all purposes. If First Home Tour is unable to charge your Payment Card (existing or new, if you have provided new Payment Card information), within the 15-day period, then your FIRST HOME TOUR Online membership will be indefinitely suspended beginning on the 16th day from the date your Payment Card was initially declined. For the 90 days immediately following the suspension, First Home Tour may attempt to charge the Payment Card the membership fee. If the charge is accepted, then your FIRST HOME TOUR Online benefits will be reinstated as of the date the charge is accepted.
Cancellation by You.
The initial FIRST HOME TOUR Online membership fee is valid for an initial membership period starting on the date your paid membership begins and continuing through the end of the month. For example, if you are on a free trial membership and your free trial expires on March 3 and your paid FIRST HOME TOUR Online membership begins on March 4, you will be charged the prorated amount due for March and your recurring billing will begin April 1. You can cancel your FIRST HOME TOUR Online membership at any time and you will not be charged for any account reinstatements. All cancellations need to be sent verbally or in writing to FIRST HOME TOUR before the recurring billing cycle. For example if you are billed for your account April 1 and you cancel your account April 29, your recurring billing will discontinue May 1. However, if you canceled on May 1, then your FIRST HOME TOUR Online Membership Term would terminate June 1. There are no refunds for any time period (or portions thereof) already billed or paid for. Upon cancellation, FIRST HOME TOUR Online will cancel your account though any tours already paid for will be available one year from the date of creation.
Modifying of FIRST HOME TOUR Online Memberships.
You may modify your FIRST HOME TOUR Online membership plan, i.e., upgrade, downgrade, and/or change from a monthly plan to a pay as you go plan, as long as there is no lapse in your membership. To modify your FIRST HOME TOUR Online membership, verbal or written notification to FIRST HOME TOUR is required. By modifying your FIRST HOME TOUR Online membership, you are also agreeing and directing First Home Tour or its agent to continue to automatically renew your new FIRST HOME TOUR Online membership applicable to the new membership plan, for the applicable membership fee by charging your Payment Method until your FIRST HOME TOUR Online membership is canceled as provided herein.
First Home Tour initiated Cancellations.
First Home Tour may suspend or cancel a FIRST HOME TOUR Online membership account, or otherwise restrict your use of FIRST HOME TOUR Online, in First Home Tour's sole discretion, with or without cause.
Cancellation or Changes to Program by First Home Tour.
First Home Tour may make changes to the FIRST HOME TOUR Online service, including, without limitation, any promotional offers and free trials, at any time, and from time to time, without prior notice. In addition, First Home Tour may change the FIRST HOME TOUR Online membership fees, however, First Home Tour will give prior notice via e-mail of any change to the membership fees or price. You agree that, unless you cancel your membership prior to the effective date of the change, you will be charged the new applicable FIRST HOME TOUR Online membership fee on each recurring monthly date after the effective date of such change, and you authorize First Home Tour to charge the new applicable membership fee to your Payment Method. First Home Tour reserves the right to suspend or end the FIRST HOME TOUR Online service (including, without limitation, ceasing to offer one or all of FIRST HOME TOUR Online membership plans, (promotional offers or free trials) without prior notice, in First Home Tour's sole discretion. First Home Tour also reserves the right to suspend or end the FIRST HOME TOUR Online service or certain aspects thereof such as FIRST HOME TOUR in certain geographic areas without prior notice, in First Home Tour's sole discretion. You agree that membership in FIRST HOME TOUR Online does not involve an extension of credit or a retail installment sale since First Home Tour does not impose a finance charge and you may cancel membership at any time. Void where prohibited.
PAYMENT METHODS
FIRST HOME TOUR Online will accept only the following major credit cards: MasterCard, Visa, Discover and American Express. In addition,
FIRST HOME TOUR Online reserves the right to change the Payment Methods accepted at any time, at its sole discretion, without prior notice.