Terms & Conditions

Terms of Use

Prestige Arrangements Terms of Use Agreement

By accessing the Prestige Arrangements website (the “Website”), including through a mobile application, you agree to be bound by these Terms of Use (this “Agreement”), whether or not you register as a member of Prestige Arrangements. If you wish to visit the Website or to become a member and make use of the Prestige Arrangements service (the “Service”), please read this Agreement.
If you do not accept and agree to be bound by all of the terms and conditions of this Agreement or you do not meet or comply with its provisions, do not use the Website or the Service.

Binding Agreement

This Agreement is an electronic contract that sets out the legally binding terms you must accept to use the Website and to become a “Member.” For purposes of this Agreement, the term “Member” means a person who provides information to the Company on the Website to participate in the Service in any manner, whether such person uses the Service as a free member or a subscriber. This Agreement may be modified by Prestige Arrangements in its sole discretion at any time, and any such modifications will be posted on the Website. Your continued use of the Website or the Services after the posting of modifications to this Agreement will constitute your acceptance of such revisions.
This Agreement includes Prestige Arrangements Acceptable Use Policy for Content Posted on the Website, Prestige Arrangements Privacy Policy, any notices regarding the Website, and terms disclosed and agreed to by you if you become a Member or if you purchase or accept additional features, products, or services we offer on the Website, such as state-specific terms and terms governing features, billing, free trials, discounts, and promotions.

Eligibility

You must be at least eighteen years old to register as a Member or use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you become a Member, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.
You will only use the Service in a manner consistent with this Agreement and any and all applicable local, state, national and Arrangements laws and regulations. You are responsible for determining whether the use of the Service is legal in your jurisdiction.

Term

This Agreement will remain in full force and effect while you use the Website and/or are a Member. Prestige Arrangements may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Prestige Arrangements. If Prestige Arrangements terminates your membership in the Service because it believes you have breached the Agreement, you will be entitled to a refund on a case by case basis.

Non-commercial Use by Members

The Website and the Service is for personal use only. Members may not use the Service in connection with any commercial endeavors. Organizations, companies, agencies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress.

Risk Assumption and Precautions

Prestige Arrangements is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. You assume all risk when using the Service, including but not limited to all of the risks associated with any online or offline interactions with other Members, including dating or sending money to another Member. You agree to take all necessary precautions when meeting individuals through the Service.
Prestige Arrangements DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, Prestige Arrangements reserves the right to conduct any criminal background check, at any time and using available public records. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE ANY SUCH CHECK.
You understand that Prestige Arrangements makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service or as to the conduct of such individuals.

Proprietary Rights

Prestige Arrangements owns and retains all proprietary rights in the Website and the Service, and in all content, trademarks, trade names, service marks, and other intellectual property rights related thereto. The Website contains the copyrighted material, trademarks, and other proprietary information of Prestige Arrangements, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

Acceptable Website Use

You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, “post”) on the Website or as part of a Service or transmit to other Members, including emails, videos (including streaming videos), photographs, voice notes, recordings or profile text, whether publicly posted or privately transmitted (collectively, “Content”). You may not post on the Website or as part of the Service, or transmit to Prestige Arrangements or any other Member (either on or off the Website), any material (i) in violation of any applicable law or regulation, (ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (iii) in a manner that is offensive, inaccurate, profane, intimidating, defamatory, obscene, threatening, abusive or hateful. You represent and warrant that all information that you submit upon registration is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.
Prestige Arrangements reserves the right, but has no obligation, to monitor any Content you post on the Website or as part of a Service. Prestige Arrangements will have the right to remove any Content that in its sole opinion violates, or may violate any applicable law or either the letter or spirit of this Agreement or upon the request of any third party.
By posting Content on the Website or as part of the Service, you automatically grant an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created.
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (i) accessing data not intended for you or logging into a server or account which you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with or disrupt the Service or the Website including, without limitation, by way of submitting a virus to the Website, overloading, flooding, spamming, mail bombing, or crashing; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging headers or otherwise manipulating identifiers in order to disguise the origin of any information transmitted to or through the Website or Service (either directly or indirectly through use of third party software); (vi) using (or attempting to use) any engine, software tool, agent, or other device or mechanism any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Website, Service or its contents; (vii) modifying, adapting, sublicensing, translating, selling, reverse engineering, deciphering, decompiling or otherwise disassembling any portion of the Service or the Website or any software used on or for the Service or the Website, or cause others to do so;
The Website may be used only for lawful purposes by individuals seeking friendship and love. As one of the conditions of your use of the Website and the Service, you represent, warrant, and agree that you will not use (or plan, encourage, or help others to use) the Website and the Service for any purpose or in any manner that is prohibited by these terms, conditions and notices, or by applicable law (including but not limited to any applicable export controls). It is your responsibility to ensure that your use of the Website and the Service complies with this Agreement and to seek prior written consent from Prestige Arrangements for any uses not permitted or not expressly specified herein. Prestige Arrangements specifically prohibits any use of the Website or the Service, and you hereby agree not to use the Website or the Service, for any of the following:
Posting any incomplete, false, misleading, or inaccurate Content about yourself and/or your profile;
Posting any Content that is not entirely your own or for which you do not have full rights to use;
Impersonating, or otherwise misrepresenting affiliation, connection or association with, any person or entity;
If you have a password, allowing any other person to access a non-public area of the Website, disclosing to or sharing your password with any third parties, or using your password for any unauthorized purpose;
Using meta tags or code or other devices containing any reference to the Prestige Arrangements, the Website or the Service (or any trademark, trade name, service mark, logo or slogan of the Prestige Arrangements ) to direct any person to any other website for any purpose;
Posting or sending material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
Failing to report knowledge of a person under the age of 18 to Prestige Arrangements, or continuing to use the site to interact in any way with anyone you know is under the age of 18.
Soliciting passwords or personal identifying information for commercial or unlawful purposes from other users;
Engaging in advertising to, or solicitation of, other Members to send money, buy or sell any products or services. You may not transmit any chain letters or junk email to other Members. If you breach the terms of this subsection and send or post unsolicited bulk email, “spam”, or other unsolicited communications of any kind through the Service, you acknowledge that you will have caused substantial harm to Prestige Arrangements, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Prestige Arrangements Euro 50 for each such unsolicited communication you sent through the Service;
Soliciting gambling or engaging in any gambling or similar activity;
Using the Website as an escort, or using the Service to solicit clients for an escort service;
Initiating contact with members off site by any other means, without first obtaining explicit permission from them to do so via the Website;
Posting advertisements or solicitations of employment, business, or pyramid schemes;
Using the Website or Service to promote, solicit, or engage in prostitution;
Using the Website or Service for activities that violate any law, statute, ordinance, or regulations; and
Using the Website or Service to encourage, promote, facilitate, or instruct others to engage in illegal activity.
No Harassment of Prestige Arrangements Employees.
You will not harass, annoy, intimidate, or threaten any Prestige Arrangements employees or agents engaged in providing any portion of the Service to you. If we feel that your behavior towards any of our employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will be entitled to refund on a case by case basis

Subscription

In order to provide continuous service, Prestige Arrangements provides the option for automatic renewal. If the automatic renewal option or checkbox is selected during the payment process, Prestige Arrangements will automatically renew all paid subscriptions for the Services on the date such subscriptions expire. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period. By entering into this Agreement, you acknowledge that your account will be subject to the above-described automatic renewals if you had selected the automatic renewal option.
Prestige Arrangements maintains a refund on a case by case basis. All purchases made on the Website are final.
Subscription purchased for a specific Prestige Arrangements Membership is strictly non- transferable. You agree that any remaining or unused membership subscription associated with Prestige Arrangements will not be transferred to any other persons.
Prestige Arrangements reserves the right to offer free membership to any person(s) of its choice at any given time, for any duration, while charging other members, at the same time. Prestige Arrangements also reserves the right to cancel the free trial period at any time, for all or any of its members.

Service

Prestige Arrangements does not guarantee that the website will be fully operational all the time. Members may face significant service disturbances. Prestige Arrangements DOES NOT OFFER TECHNICAL SUPPORT. We will offer support only for the Service related to the Website.

Suppliers

To provide the Service, Prestige Arrangements purchases services from various agencies (collectively, “Suppliers”). The Suppliers are independent contractors and are not agents, or employees of Prestige Arrangements. Prestige Arrangements is not responsible for the willful or negligent acts and/or omissions of any Supplier or any of its respective employees, agents, servants or representatives including, without limitation, their failure to deliver Services, or partial or inadequate delivery of Services. According to terms of agreement with its Suppliers, Prestige Arrangements is prohibited from rendering the Suppliers’ contact information. Services provided by the Suppliers include but are not limited to the following:
Suppliers provide full, accurate and legitimate information required for the registration of referred Members at Prestige Arrangements prior to their registration according to the terms of Agreement.
Suppliers provide full, correct and quality translation of all correspondence between Members.
Suppliers provide additional services in accordance to the terms of their agreement with Prestige Arrangements
Any additional services requested by Prestige Arrangements, which fall into the Suppliers’ scope of activity, but not defined by Prestige Arrangements terms of Agreement with Supplier, including but not limited to, arrangement of a meeting with referred Members of the Supplier, provision of additional information on referred Members, or any other personal requests of Members, may be processed by Supplier, but are not automatically granted.
Prestige Arrangements is not in any way responsible for the quality of any additional services provided by the Suppliers. The Website and the Service are provided “as is” and Prestige Arrangements expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Prestige Arrangements cannot guarantee and does not promise any specific results from use of the Website and/or the Service.

User Information

Prestige Arrangements reserves the right to offer third party services and products to you based on the preferences that you identify in your User Information and at any time thereafter; such offers may be made by us or by third parties.
You acknowledge and agree that Prestige Arrangements may disclose in whole or in part your User Information if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend Prestige Arrangements, or a third party’s, rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person (including the user) is threatened.
Notwithstanding any other provision of this Agreement or the Privacy Policy, Prestige Arrangements reserves the right, but has no obligation, to disclose any information that you submit to the Service, if in its sole opinion, Prestige Arrangements suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that Prestige Arrangements, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that Prestige Arrangements is permitted to make such disclosure.

Links

The Website may contain, and the Service may provide, links to sites that are not maintained by Prestige Arrangements . While we try to include links only to those sites which are in good taste and safe for our users, we are not responsible for the content or accuracy of those sites and cannot guarantee that sites will not change without our knowledge. The inclusion of a link in the Website does not imply our endorsement of the linked site. If you decide to access linked third-party websites, you do so at your own risk. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Website or Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that the Prestige Arrangements shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.

Disclaimers

Prestige Arrangements is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service.
Prestige Arrangements is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service.
Prestige Arrangements is not responsible for any error, omission, interruption, deactivation, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications.
Prestige Arrangements is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service.
Under no circumstances will Prestige Arrangements be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interaction or contact between users of the Website, whether online or offline.
THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, Prestige Arrangements PROVIDES THE WEBSITE AND SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE WEBSITE (INCLUDING ALL CONTENT CONTAINED THEREIN) INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY, OR NON-INFRINGEMENT. Prestige Arrangements DOES NOT WARRANT THAT THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, SECURE, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE OR WEBSITE.
From time to time, Prestige Arrangements may make third party opinions, advice, statements, offers, or other third party information or content available on the Website and/or through the Service. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. Prestige Arrangements DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT ON THE WEBSITE OR PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE WEBSITE OR SERVICE. UNDER NO CIRCUMSTANCES WILL Prestige Arrangements OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR SERVICE, OR TRANSMITTED TO OR BY ANY MEMBERS.
Prestige Arrangements cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
You agree you are solely responsible for your interactions with other Members. Prestige Arrangements reserves the right, but has no obligation, to monitor disputes between you and other Members. This includes, but is not limited to, conversations via regular email, dates, relationships, phone calls, meetings, he said/she said accusations or any other correspondence or interaction that occur outside of the scope of the Website.
You specifically acknowledge and agree that Prestige Arrangements is not liable for your defamatory, offensive, infringing or illegal materials or conduct or that of third parties, and we reserve the right to remove such materials from this Website without liability.

Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Prestige Arrangements BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF Prestige Arrangements KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL Prestige Arrangements AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICE OR THE WEBSITE, EXCEED THE PRICE PAID BY YOU FOR YOUR MEMBERSHIP, OR, IF YOU HAVE NOT PAID Prestige Arrangements FOR THE USE OF ANY SERVICE, THE AMOUNT OF Euro 25.00 OR ITS EQUIVALENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Prestige Arrangements BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER MEMBERS OF THE SERVICE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF MEMBERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
YOU AND Prestige Arrangements ACKNOWLEDGE THAT NEITHER OF US WILL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE WITH THE OTHER PARTY. Further, neither you nor Prestige Arrangements agrees to class arbitration or any arbitration where a person brings a dispute as a representative of other person(s).
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be brought in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Prestige Arrangements (except for small-claims court actions) may be commenced only in the courts located in Lithuania. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
Regardless of any statute or law to the contrary, and to the maximum extent permitted by applicable law, any Dispute must be filed within one (1) year after the date in which the incident giving rise to the Dispute occurred. Failure to file an arbitration claim as described above within the applicable limitations period constitutes a waiver of such claim and serves as complete bar to any claim based on any Dispute.
This Agreement, and any Dispute between you and Prestige Arrangements, shall be governed by the laws of Lithuania without regard to principles of conflicts of law.
If you access the Website or use the Service from outside the Lithuania, you waive all rights under the laws and regulations of the territory from which you access or use the Website or Service. Regardless of whether you access the Website or use the Service from outside the Lithuania, all Disputes shall be resolved in Lithuania as described above.

Indemnity

You agree to defend, indemnify, and hold harmless Prestige Arrangements, its officers, directors, employees, and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from your use of the Website, the Services or your breach of the terms of this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post on the Website or as a result of the Service, and the violation of any law or regulation by you. You, and your estate in the case of your death, further agree that this indemnification provision covers all third party claims, actions or demands, including those filed by your spouse, children, or family. Prestige Arrangements reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Prestige Arrangements in connection therewith.

General Provisions

Violation of this Agreement may cause Prestige Arrangements irreparable harm, and you therefore agree that Prestige Arrangements will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Prestige Arrangements may have for a breach of this Agreement.
This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, the Privacy Policy located on the Website, and any applicable payment, renewal, additional Service terms, compromise the entire agreement between you and Prestige Arrangements regarding the use of the Website and/or the Service, superseding any prior agreements between you and Prestige Arrangements related to your use the Website or Service (including, but not limited to, any prior versions of this Agreement).
Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the Service.
If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
The failure of Prestige Arrangements to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.