You represent that you are over eighteen (18) years old. You agree that you have read and understand this Agreement.
2. DISCLAIMER. All Images and the Site made available under the terms of this Agreement are provided “as is”. WENDY’S EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRES OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE OR OWNERSHIP, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
3. INDEMNIFICATION. You agree that the entire risk arising out of your use of the Images and the Site remains with you, and you agree to hold indemnify and hold Wendy’s harmless against all liability and losses incurred by Wendy’s, including costs and reasonable attorney’s fees, for any claim arising out of your use of the Images or Site.
4. TERMINATION. Wendy’s may revoke the license granted under this Agreement or terminate this Agreement at any time upon notice to you, whereupon you shall immediately destroy all copies of any Images in your possession and under your control.
5. ENTIRE AGREEMENT, MODIFICATION, AND CHOICE OF LAW. This Agreement contains the entire agreement between you and Wendy’s with respect to its subject matter and supersedes any prior or contemporaneous agreements, whether written or oral. This Agreement may only be modified in writing signed by the parties. This Agreement shall be construed and interpreted in accordance with the laws of the State of Ohio without regard to its conflicts of laws principles.