Welcome and thank you for visiting https://marketing.technologo.com (this “Site”), a website and service operated by AIM Smarter, Ltd., owner of Technologo Instant (“Company”, “we”, “us” or “Technologo”). By accessing or using this Site, you as the user (“you” or “your”) agree to be bound by the following terms and conditions (these “Terms”). Please read these Terms carefully before using this Site. These Terms are a legally binding agreement between you and the Company and supersede all prior inconsistent agreements relating to your use of the Site. By using this Site, you will be indicating your assent and agreement to be bound by and subject to all the terms and conditions of this agreement, including without limitation any consents, notices, disclosures or other records or documents to be entered into between you and the Company (“Electronic Contracts”), whether by typing your name, checking a box, pressing a button, clicking through a link, or demonstrating other intent to be bound to such Electronic Contract.
BY ACCESSING OR USING THIS SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS, INCLUDING THEIR DISCLAIMERS AND LIMITATIONS OF LIABILITY. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MAY NOT USE THIS SITE.
1. Use of this Site.
a. License. On the condition that you comply with all of your obligations under these Terms, the Company grants you a limited, revocable, nonexclusive, non-assignable, non-sublicensable license and right to access this Site with a generally available web browser to view information and use this Site. Any other use of this Site is strictly prohibited and a violation of these Terms. The Company and its licensors reserve all rights not expressly granted in these Terms, including, without limitation, rights of title, ownership, intellectual property and all other rights and interests in this Site, the Material (as defined herein) and all related items.
b. Revision of these Terms. The Company may revise these Terms at any time with or without additional notice to you. Such revised Terms will be effective when posted on this Site. You should revisit these Terms on a regular basis, as revised versions will be binding upon you. You understand and agree that your continued access to or use of this Site after the effective date of changes to these Terms indicates your acceptance of such revisions.
c. Cessation of Service. The Company reserves the right to modify, terminate and suspend the operation of this Site, as well as the provision of any or all products or services via this Site, without prior notice to you or any liability or obligation of any kind whatsoever to you or any other party, at any time and for any or no reason in its sole and absolute discretion.
d. Risks Inherent in Electronic Mail. You understand that communications distributed by this Site may be distributed by electronic mail, which is by its nature insecure and unreliable. Electronic mail is subject to interception, misdirection and loss. In addition, an electronic mail message may be forwarded by its intended recipient to other unintended recipients. Any recipient of an electronic message sent by this Site may access the hyper-links to files contained on this Site, as this Site does not authenticate or validate the identity or authority of any person following a hyper-link contained in any such message.
2. Description of Service
Technologo currently provides services to create and view Virtual Samples and enable products to be used for the creation of Virtual Samples (the “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the Service, including the release of new services, software tools or resources, shall be subject to these Terms. We may add, delete or change some or all of the services provided as part of the Service at any time. Unless otherwise stated, these Terms apply to you whether you are a casual, registered or other user of the Service.
3. Subscription, Cancellation and Refunds
The Company uses a third party, Verisign, to manage its Technologo subscription transactions via credit card. Upon subscription and/or creating your account, you will be authorizing both an immediate payment and repeat or auto payments that will be taken regularly in the future on at a frequency chosen by you during the payment steps using the card details you submit at the time you establish your account. If your account is terminated as a result of your breach of these Terms, the remainder of any payment made by you will not be refundable.
4. Registration/Your Account.
a. Account Creation. In order to use the Service provided by the Site, you are required to create an account by using your email address and selecting a unique password combination (or we may assign an initial password which you may change) and provide your contact information (your “Account”). The Company reserves the right to refuse or reject any request to create an account for you for any or no reason at the Company’s sole discretion.
b. Responsibility. You are solely responsible for your Account, your contact information and other information made available through your Account or otherwise via this Site (your “Information”). You are solely responsible for maintaining your Information in strict confidentiality, you may not allow others to use your Account and you assume all risks associated with your Information, including reliance on its quality, accuracy or reliability by any other person or entity, until you terminate your Account or notify us that your Account may have been compromised, misappropriated, taken or used by another. You should notify us immediately if you believe there is or may have been unauthorized activity using your Account. If you use this Site in your capacity as an employee, owner or otherwise as an agent of another person or entity, you agree on behalf of yourself and such person or entity, jointly and severally, to be bound by these Terms.
By you. You may terminate your Account at any time by electronic mailing the Company at firstname.lastname@example.org
By the Company. If the Company has reason to suspect that you have breached these Terms, or that any of your Information is not authorized, correct, current and complete, the Company may, in addition to taking or reserving any other remedies against you, terminate your Account. The Company reserves the right to erase any or all of your Information from this Site, as well as to terminate your Account without prior notice to you or any liability or obligation of any kind whatsoever to you or any other party, at any time and for any or no reason in its sole and absolute discretion. Any suspension, termination or cancellation of your Account shall not affect provisions of these Terms, such as indemnification and limitations of liability, that are by their nature intended to survive such suspension, termination or cancellation.
d. Prohibited Uses. You agree that:
(i) you will not violate these Terms or any of the Company’s or its licensors’ rights or use this Site to violate the rights of any third party such as copyright or trademark rights;
(ii) you will use your true legal name and true electronic mail address, and only provide accurate and complete information on this Site;
(iii) you will provide at your cost all equipment, software, mobile access and Internet access necessary for you to use this Site;
(iv) you will not produce, modify, distribute, display, perform, publish, disseminate, transmit, broadcast, circulate or otherwise provide access to this Site or its content to anyone, except as permitted to use the Services provided by the Site;
(v) you will not create derivative works from, decompile, disassemble or reverse engineer any portion of this Site;
(vi) you will not upload to or distribute through this Site any binary code, macros or other executable code, or any file that contains any viruses, Trojan horses or other components designed to commandeer, limit or harm the functionality of a computer;
(vii) you will not record, process or mine information about other users, or access, retrieve or index any portion of this Site;
(viii) you will not remove or modify any copyright or other intellectual property or legal notices that appear on this Site;
(ix) you will not access or use this Site in any manner that could damage, disable, overburden, place an unreasonable load on, interfere or attempt to interfere with the proper working of, or impair, this Site, its computer systems, network or the account of any other user;
(x) you will not attempt to gain unauthorized access to any parts of this Site or any user accounts, or any of this Site’s computer systems or networks;
(xi) you will not use this Site in any way that is unlawful, harms the Company’s, the Company’s service providers, licensors’, representatives’ or any other user’s business, goodwill, name or reputation, or breaches any policy or notice on this Site;
(xii) you will not impersonate another person or misrepresent your affiliation with another person or entity, such as by using another person’s username, password or other account information or another person’s name, likeness, image or photograph;
(xiii) you will not charge any person for access to any portion of this Site or any information on this Site;
(xiv) you will not access this Site through automated queries (such as by screen or database scraping, spiders, robots, crawlers or any other automated activity with the purpose of obtaining information from this Site) without the Company’s prior express written permission;
(xv) you will not engage in “framing” or “mirroring,” or otherwise simulate the appearance or functionality of this Site;
(xvi) you will not send or result in the transmission of junk e-email, chain letters, duplicative or unsolicited messages or so called “spamming”;
(xvii) you will not violate any laws, regulations, judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or other rights of the Company;
(xviii) you will not assist, encourage or enable others to do any of the preceding prohibited activities; and
(xix) you will not use the Site or services provided by the Site for reasons that are in competition with the Company or its licensors.
5. Code of Conduct
You agree, represent and warrant that you are authorized, have all necessary authorizations, and have all necessary licenses to use, disclose and/or copy all information, data, text, software, photographs, graphics, messages or other materials (“Content”) that you publicly post, privately transmit, and/or otherwise utilize as part of the Service. You are entirely and solely responsible for all Content that you upload, post, utilize, email or otherwise transmit via the Site and the Service. The Company does not control the content posted or used via the Site and, as such, the Company does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Company have responsibility in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Site. The use of the Site and Service is restricted to: (i) firms that either manufacture, or import promotional products or convert or assemble unfinished products for promotional use, (ii) firms whose sale is generated through product purchases from promotional products suppliers for resale to the distributor’s end user clients, (iii) and for the buyers of promotional products with the intent to view their identification or message on the items. If you wish to use the Site or Service for services that do not fit the definition above, please contact the Company by emailing us at: email@example.com
You agree not to use the Site or Service to:
(a) Upload, post, publish, distribute, disseminate or otherwise transmit any Content that is unlawful, tortuous, defamatory, harmful or invasive of another’s privacy, or otherwise objectionable, including but not limited to material that promotes or provides instructional information about illegal activities or promotes physical harm or injury against any group or individual;
(b) Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non disclosure agreements);
(c) Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary and intellectual property rights of any party, or rights of publicity or privacy of any party, unless you are the owner of such rights or have the permission of the owner to post or transmit such material, including but not limited to offering pirated computer programs or links to such programs;
(d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
(e) Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, ‘junk mail,’ ‘spam,’ ‘chain letters,’ ‘pyramid schemes,’ or any other form of solicitation, except in those areas of the Site that are designated for such purpose;
(f) Upload, post or otherwise transmit any material that contains software viruses 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;
(g) Disrupt the normal flow of dialogue, cause a screen to ‘scroll’ faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
(h) Interfere with or disrupt the Site or servers or networks connected to the Site, or infringe any requirements, procedures, policies or regulations of networks connected to the Site, or interfere with another user’s use and enjoyment of the Site, including but not limited to (i) transmitting any material that contains viruses, trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or (ii) attempting to gain unauthorized access to the Site, other’s accounts on the Site, or private mailing lists on the Site through password mining or any other means;
(i) Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, US and Canadian legislation such as the Data Protection Act, Consumer Protection Act, or Financial Services Act, or any amendments or replacements of such acts;
(j) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(k) Collect, store, or distribute personal data about other users without their consent;
(l) Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.
(m) Violate any law or regulation (including without limitation those governing export control, unfair competition, discrimination or false advertising); or
(n) Engage in commercial activities that are deemed inappropriate on the Site. As such, the Company has the right to remove or bar Content that it feels falls into this category.
In addition, the Company in no way endorses or takes responsibility for any goods or services are posted within the Site. Any transactions therefore are strictly outside the remit of the Company. Any correspondence or business dealings with, or participation in activities found on or through the Site, 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 vendor. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site. The Company also has the right at any time to change its terms regarding commercial arrangements at any time without to prior notice. It should be noted that the use of any payment mechanisms, other than those endorsed by the Company, are the sole responsibility of the user and the Company can take no responsibility for their upkeep, integration, compatibility or otherwise; nor offer advice on these matters. You acknowledge that the Company does not pre-screen Content, but that it has the right (but not the obligation) in its sole discretion to refuse or move any Content that is available via the Site. Without limiting the foregoing, the Company shall have the right to remove any Content that violates the Terms or which is otherwise in our opinion, objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such content. The Company will have no liability or responsibility for performance or non-performance of such activities. The Company reserves the right to terminate or restrict your access to the Site and Services at any time without notice for any reason whatsoever. You acknowledge and agree that the Company may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with any applicable law; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Company, the Site, its users and the public. You understand that the technical processing and transmission of the Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
6. Proprietary Rights and Licenses
a. Content of this Site. The Company or its licensors own all of the content that is made available in connection with this Site (the “Site Content”), including all software, design, text, visual interfaces, interactive features, graphics, designs, audio and video material, artwork, databases and their data, reports, computer code, products, software and all other elements and components of this Site. Provider or its licensors also own all copyrights, trademarks, service marks, trade names and other intellectual and proprietary rights throughout the world associated with this Site and the Site Content, which are protected by copyright, trade dress, patent, trademark and other applicable intellectual property rights and laws, including the selection, sequence, ‘look and feel’ and arrangement of items (the “Material”).
b. Restrictions. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display, perform or in any way exploit any of the Site Content or the Material in whole or in part, except as expressly authorized by the applicable rights holder. Except as expressly and unambiguously provided by these Terms, neither the Company nor any of its licensors grant you any express or implied rights, and all rights in and to this Site, the Site Content and the Material are retained by their holders.
Corporate accounts can be created for multiple users. Please contact the Company, in writing, at firstname.lastname@example.org, if you have any questions about corporate accounts.
7. Disclaimers of Warranties/Limitations of Liability.
a. DISCLAIMER OF WARRANTIES. THIS SITE IS PROVIDED “AS IS,” AND THE COMPANY: (i) MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER; (ii) EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND TITLE; AND (iii) DOES NOT WARRANT THAT THIS SITE IS OR WILL BE ERROR-FREE, WILL MEET YOUR REQUIREMENTS, OR BE TIMELY OR SECURE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THE USE OF THIS SITE. YOU WILL NOT HAVE THE RIGHT TO MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF THE COMPANY TO ANY THIRD PARTY. USE OF THIS SITE IS AT YOUR SOLE RISK. THE COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THIS SITE. Because some states and jurisdictions do not allow limitations on implied warranties, the above limitation may not apply to you. In such event, such warranties are limited to the minimum warranty period allowed by the applicable law. Without limiting the generality of the foregoing, The Company does not make any warranty of any kind with respect to freedom from patent, trademark, or copyright infringement, or theft of trade secrets and the Company does not assume any liability hereunder for any infringement of any patent, trademark, or copyright arising from the use of the Site or rights granted or provided by the Company hereunder.
The Company makes no warranty that (i) the Site will meet your requirements, (ii) that the Site will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Site will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations, and (v) any errors in the software will be corrected. Further, if your use of the Site or the Services results in the need for servicing or replacing equipment or data, the company is not responsible for those costs.
Any material downloaded or otherwise obtained through the use of the Site or Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
The Company is not responsible for the content of users password protected areas, accessible through use of that site or messages distributed through mailing lists, and assumes no responsibility for and makes no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of information distributed through the Site.
No advice or information, whether oral or written, obtained by you from the Company or through or from the Site shall create any warranty.
b. No Consequential Damages. The Company shall not be liable for any indirect, special, incidental, exemplary, punitive or consequential loss or damage of any kind, including without limitation, lost business or profits, whether arising in tort (including negligence), equity, breach of contract or otherwise (and whether or not such damages are foreseeable, or the Company has been advised of the possibility of such loss or damage). In no event will any of the officers, trustees, directors, partners, employees, consultants, beneficiaries, joint venturers, members, stockholders or other principals or representatives of the Company, ever be personally liable to you under, arising out of, or related to these Terms (including for direct or consequential damages), and you hereby waive the right to recover damages from any such persons.
c. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THE COMPANY PARTIES’ MAXIMUM AGGREGATE CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS AND THE SITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). THE ABOVE LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT, EQUITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF THE THEORY OF LIABILITY. If applicable law limits the application of the above limitation of liability, the Company’s liability will be limited to the maximum extent permitted by law.
8. Indemnification. You agree to indemnify, defend and hold the Company, as well as the Company’s parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, including the shareholders, members, officers, directors, employees, agents and representatives of each of them (collectively, the “Provider Parties”) harmless from any and all claims, actions liability, damages and costs (including, but not limited to, attorneys’ fees) arising out of or relating to:
a. your access to or use of this Site and the Service;
b. your violation of these Terms;
c. your infringement, or the infringement of any third party using your Account, of any intellectual property or other right of any person or entity; and/or
d. the nature and content of all materials, Electronic Contracts, works, data, statements and other visual, graphical, written or audible communications of any nature submitted by you or otherwise processed through your Account.
The Company reserves the right to, but is not obligated to, assume the exclusive defense and control of any matter for which you are required to indemnify the Provider Parties, and you agree to cooperate with the Company’s defense of such claims. You agree not to settle any such matter without the Company’s prior written consent. The Company will use reasonable efforts to notify you of any such claim, action or proceeding when the Company becomes aware of it. Each of the Provider Parties is an express third-party beneficiary of this indemnification provision, with full rights to enforce its terms.
9. Uses and Storage
You acknowledge that the Company may establish general practices and limits concerning use of the Site, including without limitation the maximum number of days that email messages, or other uploaded content will be retained by the Company, the maximum number of email messages that may be sent from or received by an account on the Site, the maximum size of any email message that may be sent from or received by an account on the Site, the maximum disk space that will be allotted on the Site’s on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You agree that the Company has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Site. You acknowledge that the Company reserves the right to delete accounts that are inactive or very little used for an extended period of time. You further acknowledge that the Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
You agree that the Company, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site and/or the Service, and remove and archive or discard any content within the Site, if the Company believes that you have violated or acted inconsistently with the letter or spirit of the Terms. The Company may also in its sole discretion and at any time discontinue providing the Site and/or Service, or any part thereof, with or without notice. You agree that any termination of your access to the Site and/or Service under any provision of these Terms may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate, archive or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to the Site or Service. If such action is taken as a result of your breach of this contract, the remainder of any payment made by you will not be refundable.
11. Trademark Information
Technologo Instant, the Technologo Instant logo and other Technologo Instant logos and product and service names are trademarks of the Company (the “Technologo Instant Marks”). Without the Company’s prior permission, you agree not to display or use in any manner, the Technologo Instant Marks.
12. The Company’s Right to Use Your Information. As between you and the Company, your contact information, data and other information made available through your Account or that you otherwise make available from time to time on the Site (collectively, “Your Information”) is owned by you. You hereby irrevocably grant the Company a worldwide, perpetual, non-exclusive, royalty-free, fully paid-up, assignable, sublicensable, transferable rights to use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Information in connection with the Site and the Service provided to you by the Site.
14. Third Party Services. This Site includes links to third-party products, services and websites, as well as materials provided by third parties (collectively, “Third-Party Content”). Neither these Terms nor this Site endorse or take responsibility for any Third-Party Content. You agree that the Provider Parties are not responsible for the availability or contents of Third-Party Content or liable in any way for Third-Party Content, or for any representations, warranties, covenants or agreements that may exist between you and any third party. You understand that the Provider Parties have no obligation to, and generally do not, approve or monitor materials provided by third parties through this Site. Your use of Third-Party Content is at your own risk and understand that your rights and responsibilities, including the protection and privacy of your information with respect to such third parties, is governed solely by whatever agreements apply between you and them, and not the Company.
15. Export Laws. You acknowledge that technology utilized by this Site and any related products, information, documentation, software, technology, technical data, and any derivatives thereof, that the Company makes available through the Site (collectively “Excluded Data”), may be subject to export control laws and regulations of the United States and other jurisdictions (collectively “Export Laws”). You represent and warrant that: (i) you are not located in, under the control of, or a national or resident of an embargoed country or prohibited end user under Export Laws; and (ii) you will not access, download, use, export or re-export, directly or indirectly, the Excluded Data to any location, entity, government or person prohibited by export laws, without first complying with all Export Laws that may be imposed by the U.S. Government and any country or organization of nations within whose jurisdiction it operates or does business. You are solely responsible for complying with Export Laws for all Excluded Data and any of its content transmitted through the Site and Services. You shall notify the Company at email@example.com in the event the Excluded Data requires the Company to obtain additional licenses, permits and/or approvals from any government in the jurisdiction where you intend to use the Site or Service. Upon being advised of such a requirement, the Company may at its sole discretion: (a) terminate your Account; (b) obtain such licenses, permits, and/or approvals as may be required; or (c) modify these Terms such that additional licenses, permits, and/or approvals are no longer required to be obtained by the Company.
a. Governing Law. These Terms shall be governed by the laws of the Commonwealth of Pennsylvania regardless of conflict of laws principles.
b. Arbitration. Any dispute, controversy or claim arising out of or in connection with or relating to your use of this Site, the Service or these Terms, or any breach or alleged breach these Terms, shall be submitted to a single arbitrator and settled by binding arbitration pursuant to the Commercial Rules then in effect of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the Commonwealth of Pennsylvania in the City of Philadelphia. Judgment upon the award may be entered in any court of competent jurisdiction. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY DISPUTE ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS.
c. No Assignment. These Terms, and any rights or obligations under these Terms, are not assignable, transferable or sublicensable by you except with the Company’s prior written consent, but may be assigned or transferred by the Company without restriction. Any attempted assignment by you shall violate these Terms and be void.
d. Amendments; Waivers. The Company may modify these Terms. These Terms may not be modified, amended, terminated or waived, in whole or in part, by you except by a written instrument signed by the Company. Except as expressly set forth herein, any failure of a party to take action in response to any breach of these Terms by the other party shall not constitute a waiver of such breach or of performance required by the other party; and no waiver of any provision of these Terms shall constitute a waiver of any other provision (whether or not similar), nor shall such waiver constitute a continuing waiver unless expressly provided therein.
e. Force Majeure. Neither party will be liable for, or be considered to be in breach of or default under these Terms on account of any delay or failure to perform as required by these Terms as a result of any cause or condition beyond such party’s reasonable control, so long as such party uses all commercially reasonable efforts to avoid or remove such causes of non-performance or delay.
f. Notices. To send notices to the Company, or if you have any questions regarding these Terms, please contact us at firstname.lastname@example.org The Company may provide you with notices, including notices of changes to these Terms, by electronic mail, regular mail or communications through this Site.
g. Entire Agreement. These Terms, together with all other rules, regulations, procedures and policies which we refer to herein contain the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous representations, promises, agreements and understandings, whether oral or written, between the parties concerning the subject matter hereof. You may from time to time enter into binding legal agreements relating to certain services available through the Site, which may have terms that are different from those of these Terms. In the event of any inconsistency, the terms of such other agreement shall control with respect to such services.
h. Severability. If any provision of these Terms is deemed to be invalid or unenforceable, the remaining provisions of these Terms shall be valid and binding and of like effect as though such provision were not included.