If either party hereto resorts to legal action for the redress of a breach of this Agreement, the prevailing party shall be entitled to an award of costs and reasonable attorneys’ fees.</li> <li>Changes to Agreement. Swym may modify the terms of this Agreement and may discontinue or change any aspects of the Services at its sole discretion (on a prospective basis). provided, however, that Swym provides adequate written or electronic notice to you of any material changes (the posting of the Agreement on the Swym Site shall constitute effective electronic notice).