fbpx

Indorse

Terms of Service

By using the Sites, registering for Company’s services, or downloading or using the Apps or Content, you agree to be bound by this Agreement. If you do not agree to these terms and conditions, do not use the Site, Services or Apps. You must be 13 years old to use Sites, Services Apps, or Content. you’re entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions. In this case, the terms “you” or “your” will refer to such entity.

1. SERVICES AND USER TYPES.

“Services” refers to online tools that allow you to access, manage, and manipulate forms, documents, templates, communications, and any data contained therein (collectively known as “Your Content”). Services may also include access to support and help resources (“Support Services”), as well as documents, forms, self-help instructions and templates provided by the Company (“Company Content”) or a third party (“Third Party Content”). Your use of Services through the Sites and the Apps will be based on the following user levels:
 
  • “Visitor” – any user who accesses the site
  • “Registered User” – any user who creates an account with the company
  • “Customer” – any visitor who purchases company content or services
  • “Subscriber” – any registered user who purchases a subscription plan

The Company offers users a variety of services, some of which are free of charge while others require a one-time payment or subscription. The services that are available to you depend on your status as either a customer, registered user, or subscriber, as well as the subscription level and period you select.Please be aware that depending on the subscription plan you choose, Company may limit your access to certain features, volume and/or time. Any unused volume associated with a per-use Subscription Level will expire at the end of your Subscription Period and not carryover to subsequent Subscription Periods. Additionally, Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice.

2. AGREEMENT INCLUDES ADDITIONAL DOCUMENTS.

“Agreement” means this Terms of Service, any sales order for Services signed by both parties, any addendum to terms signed by both parties signed by both parties, and the following additional agreements to the extent applicable:

The following agreements govern the handling and use of protected information:
  • Business Associate Agreement
  • Data Processing Addendum
  • Privacy Policy
  • Service Level Agreement (if applicable)
  • You can find our agreements at https://indorse.com.sa/ which include the “Professional Service Agreement” (if applicable) for our consultants that work with the deployment and configuration of services, and the “Supplemental Terms of Service for a Private E-Signature Solution” (if applicable). Our privately hosted version of the software is also described on our website. https://indorse.com.sa/

This Agreement shall be the overriding document between the parties when it comes to your access and use of the Services. It replaces any other prior agreements – oral or written – that might conflict with its terms when it comes to the subject matter at hand. In case of any discrepancies, this Agreement shall prevail over any conflicting terms contained in any documents, communications or discussions.

3. COMPANY IS NOT RESPONSIBLE FOR YOUR CONTENT OR THIRD-PARTY CONTENT.

All content that you upload to the Services remains your property, including intellectual property rights. Company does not claim any ownership rights in Your Content. Company may provide links to publicly available content for you to use with the Services, but we are not in any way responsible for such publicly available content. You are responsible for ensuring that any Content you use on the Services complies with SAUDI ARABIA Copyright laws, as well as applicable privacy laws and export laws. Your Content stored on the Services is encrypted and the Company does not have the ability to screen it. If you are an administrator for your account, you are also responsible for Your Content and the activities of your users.

To ensure all users have a positive experience on our site, we prohibit the following content and behavior:
  • Any content that defames, abuses, harasses, stalks, threatens, or violates the legal rights of others
  • Any content that contains explicit or obscene language
  • Any content that uses racially, ethnically, or otherwise offensive language
  • Sending altered, deceptive or false source-identifying information, including spoofing or phishing
  • Misrepresenting yourself or affiliation with an entity, including by use of subdomains

If you violate any of the use restrictions in this Agreement, like infringing on someone else’s intellectual property rights, Company has the right to remove your content from the Services and suspend your use of the Services. They can also terminate this Agreement immediately, without notice or liability to you.

As a user of Company Content, you acknowledge that Company owns and will retain ownership of all right, title, and interest in such Company Content including intellectual property rights therein. You claim no ownership of Company Content.

If you are a user of Content posted by a third party on the Services (“Third -Party Content”), you acknowledge that Company does not approve, endorse, monitor, verify, or take responsibility for any such Third-Party Content.

COMPANY does not warranty or guarantee any third-party content in any way. This includes, but is not limited to, all implied warranties of merchantability and fitness for a particular purpose. Additionally, COMPANY takes no responsibility for any non-infringement of third-party rights.

 4. THIS IS A LIMITED USE LICENSE.

Company hereby grants you a limited, revocable, non-exclusive, non-transferrable license to use the Services solely for your personal or internal business use during the term of this Agreement. If you are a customer purchasing Company Content, then you may manually download, view, copy and print a single copy of the specific Company Content purchased. This is only to be used for the purpose of completing a single transaction for your personal or internal business use.

By using the Services, you agree that Company has all rights to the Services not expressly granted to you in this document. You will not allow anyone else to:
  • share your login ID for the Services with other users (each user must have their own login ID) or any other person.
  • reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Services.
  • copy, reproduce, modify, translate, or create derivative works based on the Services.
  • rent, lease, distribute, sell, resell, assign, or otherwise transfer rights to the Services.
  • use the Services for timesharing or service bureau purposes or otherwise for the benefit of a third party.
  • use or launch any automated system, including without limitation, robots, spiders, offline readers, or anything like access the Services or any information therein.
  • You may not use the Services to upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages. This includes Commercial Electronic Marketing Messages as defined in US CAN SPAM Act.
  • You also may not use the Services to transmit any malware, Trojan horses, worms or viruses or any destructive or malicious code. Finally, you may not access another user’s account, circumvent standard access to the Services, or attempt to gain unauthorized access to the Services.
  • You agree not to use the Services to transmit any malware, Trojan horses, worms or viruses or any destructive or malicious code.
  • You also agree not to access another user’s account or attempt to gain unauthorized access to the Services. Additionally, you agree not to use the Services for the benefit of a competitive offering to any of the Services or intentionally harm or discredit the Company or the Services.
  • Finally, you agree not to imitate the look and feel of the Services, remove any proprietary notices from Services, or duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements of the Services.

If you violate any of the license restrictions above, we have the right to immediately terminate this Agreement without notice or liability to you. We also reserve the right to refuse service to anyone for any reason at any time.

5. COMPANY MAY USE THIRD PARTIES TO PROVIDE SERVICES.

Company may use third parties, including partners and affiliates, to sell, deploy, configure, and/or support Services. By using the Services, you consent to Company sharing your account data with third parties for these purposes. Please note that your account data will only be shared with those third parties whose activities are essential to providing you with the Services you have requested.

Company may use third parties, including partners and affiliates, to sell, deploy, configure, and/or support Services. By using the Services, you consent to Company sharing your account data with third parties for these purposes. Please note that your account data will only be shared with those third parties whose activities are essential to providing you with the Services you have requested.

6. YOU AGREE TO RECEIVE COMMUNICATIONS FROM THE COMPANY, PARTNERS AND AFFILIATES.

By using the Services, you agree to receive electronic communications from Company and its partners and affiliates. You may also send electronic communications to Company as specified in the Agreement. These communications may include, but are not limited to, notices about your Subscription Services, invoices or payments, changes to the fees or Agreement, reports of security violations, and suspensions or terminations of your use of the Services. Company, Services and any third-party partners may change or add new products and services, so keep an eye out for such updates.

7. YOU ARE RESPONSIBLE FOR YOUR PASSWORDS.

As a registered user, you are responsible for keeping your password safe and not sharing it with anyone. If you think your password may have been compromised, you should change it immediately. You will also need to notify the company immediately if there are any unauthorized uses of your account. This includes letting them know about any abuse or misuse of the account, so that they can take appropriate action and avoid any fees. By using our services, you agree to take responsibility for all activities that take place under your account.

8. YOU WILL ASSIGN YOUR SUGGESTION(S), IF ANY, TO COMPANY.

If you choose to submit an idea, content, document template, workflow, suggestions, or feedback to the company relating to the services (“suggestion”), you assign all worldwide intellectual property rights in your suggestions to the company. This includes but is not limited to suggestions submitted through support tickets, email, chat, or community forums. company, all your suggestions, all contract and licensing rights, and all claims and causes of action with respect to any of the foregoing, whether now known or hereafter to become known. You agree that, to the best of your knowledge, (a) you are the only owner of any intellectual property rights in your suggestion(s); (b) you have the full and exclusive right to transfer the entire interest in and to your suggestion(s); and (c) your suggestion(s) do not infringe any intellectual property right. You agree to cooperate with and assist Company, at Company’s own expense, in acquiring, maintaining, enforcing and fully enjoying all right, title and interest conveyed herein.

9. EACH PARTY RETAINS OWNERSHIP OF PROPRIETARY INFORMATION.

The Services provided by Company contain copyrighted material, trade secrets and other confidential material which are owned by Company and its licensors. You own and will retain ownership of all right, title, and interest in your Content. All rights not expressly granted herein are reserved by the rightful owner. Without the express written consent of the copyright owner, no one is allowed to reproduce, distribute, modify, retransmit, or publish any copyrighted material. This includes, but is not limited to, transferring, loaning, selling, assigning, pledging, dispose of in any way, encumbering, or suffering a lien or encumbrance upon or against any interest in the other party’s rights.

10. THE PARTIES AGREE TO PROTECT CONFIDENTIAL INFORMATION.

You and Company may share confidential information. “Confidential Information” means any proprietary information received by either party during or prior to entering into this Agreement, including without limitation non-public product, technical, or business information, as well as your usage data from the Services. Confidential Information will be considered confidential regardless of whether it is marked as such or not, and regardless of whether the receiving party should reasonably know it is confidential given the circumstances. Either party may disclose the existence of this Agreement, but any non-public pricing or terms for Services will be considered Confidential Information. “Confidential Information” refers to any information that a party cannot demonstrate: (a) was already known to the other party; (b) became publicly available, without involving the party which originated the Confidential Information; (c) was disclosed to such other party by a third party who had no obligation to keep the information confidential; (d) was disclosed by its owner to any third party without requiring confidentiality from the recipient. The receiving party of Confidential Information agrees to protect the secrecy of the disclosing party’s Confidential Information and to avoid disclosure and unauthorized use of it. The receiving party will use Confidential Information only as necessary to fulfill its obligations and exercise its rights under this Agreement. Upon termination or expiration of this Agreement, the receiving party will destroy all copies of Confidential Information in its possession or control. At the request of either party, upon termination or expiration of this Agreement, the other party will return or destroy all written materials containing any Confidential Information of the other party and certify that it has returned or destroyed such Confidential Information. Either party may disclose Confidential Information pursuant to subpoena or other request from a law enforcement agency.

11. COMPANY IS NOT RESPONSIBLE FOR DEVICES OR INTERNET.

Since our services rely on third-party networks and Internet providers, as well as device manufacturers that are out of our control, we can’t be held responsible for any poor performance or lack thereof. We understand that the processing and transmission of the Services, including Your Content, may involve unencrypted transfer to a network or device, which could be subject to change without notice. Therefore, we can’t guarantee that the Services will always be available or function as intended.

12. COMPANY WARRANTS THAT SERVICES WILL OPERATE TO SPECIFICATIONS.

Company warrants that the Services will operate in accordance with the specifications on the Sites or Company’s listing pages for Apps. In addition, the Services will not infringe any SAUDI ARABIA patent, copyright, or trade secret. The Services will be provided via an infrastructure that conforms to commercially reasonable security practices (as documented on the Sites). Finally, the Services will enable your compliance with Electronic Signatures in Global and National Commerce Act through a valid mechanism for capturing and retaining Electronic Signatures.

Company agrees that all personnel assigned to provide professional services under this Agreement will be qualified to perform their assigned duties. Any Third-Party Services licensed by Company and provided in Services to you under this Agreement are subject to the warranties contained herein to the extent that they have been provided by the Licensor to Company and are conveyable to you. Licensors are intended to be third-party beneficiaries of this Agreement. In accordance with applicable law, Licensors waive all liability for any damages as a result of your use of Third-Party Services.

13. SERVICES ARE PROVIDED AS-IS

Except as expressly provided in Section 12 and the subscription plans or company content pages, the services are provided “as is” and “as available.” Company disclaims all conditions, representations, or warranties of any kind, whether express, implied, statutory, or otherwise. This includes, without limitation, any implied warranty of merchantability. Company and its licensors do not warrant that the services provided will meet your specific requirements, be accurate, reliable, secure, timely, uninterrupted, error-free or interoperate with any other hardware or software. Any use of the services to engage in transactions or communicate with any contacts or other third parties is at your sole risk. This includes company content and third-party content and services therein. Company content includes legal information and self-help tools, but it should not be relied upon for personal, legal, or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation.

Company content related to legal matters is provided for your private use and does not constitute legal advice. Company does not review any information you provide for legal accuracy or sufficiency, draw legal conclusions, provide opinions about your selection of forms, or apply the law to the facts of your situation.

If you need legal advice for a specific problem, you should consult with a licensed attorney. Neither our company nor any information provided by our company is a substitute for legal advice from a qualified attorney licensed to practice in an appropriate jurisdiction. As our company is not a law firm, please note that communications between you and our company may not be protected as privileged communications under the attorney-client privilege or work product doctrine.

Unless you are represented by an attorney, you will be representing yourself in any legal matter you take on through our services. This includes not just court appearances, but any and all legal proceedings related to the matter at hand. Without an attorney, you will be at a disadvantage when pitted against those who do have legal representation.

14. BOTH PARTIES AGREE TO LIMIT LIABILITY.

Except for any breach of obligations in section 4 above, neither party will be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages of any kind. This includes, but is not limited to lost revenues, profits or goodwill, lost data or content, data breaches, lost customers, business interruption or replacement services. These damages occur in connection with the services or from your use of or inability to use the services. The theory of liability does not apply.

Our liability to you is limited. We won’t be liable to you for more than the amount of fees you’ve paid to us in the 6 months before any claim arises. This is true even if:
  • the remedy we provide doesn’t achieve its main purpose, or
  • we knew or should have known about the possibility of such damages.
  • This doesn’t apply if the law says we can’t limit our liability to you.

You agree that the exclusions, disclaimers and limitations in sections 12 and 13 of this agreement are essential to this agreement, including the allocation of risks therein, and are what enable Company to offer the services to you for the fees specified.

The limitations or exclusions of sections 12 and 13 of this agreement may not apply to you depending on the jurisdiction you are in. In such jurisdictions, the liability of Company will be limited to the greatest extent permitted by law.

 15. COMPANY AGREES TO INDEMNIFY SUBSCRIBERS AND CUSTOMERS; YOU AGREE TO INDEMNIFY COMPANY

As a Subscriber or Customer, Company will indemnify, defend and hold you and your respective officers, directors, employees, affiliates, agents, and business partners harmless from any all costs, damages, liabilities, and expenses associated with any third-party claim or suit brought against you based on allegations that the Subscription Services or Company Content (excluding any Third-Party Content or Third-Party Services therein) infringed the intellectual property rights of a third party.

The Subscription Services or Company Content may become subject to an infringement claim if you:
  • directly infringe an issued patent, copyright, or trade secret under SAUDI ARABIA law
  • Content that allegedly infringes upon the intellectual property of another person or company will not be tolerated
  • except in cases where the infringement is based on your unauthorized alteration or modification of the Services
  • or your use of the Services in combination with any products or services not provided or approved by Company.

If the Subscription Services or Company Content become subject to an infringement claim, then Company may take any of the following actions at its discretion and cost: (i) acquire a license for your continued use, (ii) replace, modify, or substitute with similar functionality, or (iii) terminate your use of the infringing Services and refund any prepaid, unused fees.

You agree to indemnify, defend and hold harmless Company and its affiliates, officers, directors, employees, agents, licensors and business partners from all costs, damages, liabilities and expenses (including reasonable attorneys’ fees) resulting from any third-party claim, suit or proceeding brought against you based on: You agree that we may terminate these Terms and your access to the Service if (a) Your Content directly infringes an issued patent, copyright, or trade secrets under SAUDI ARABIAs laws, (b) you fail to comply in any material respect to restrictions in Sections 3 or 4, or (c) you engage in willful misconduct or gross negligence.

The party that is indemnified (the person or organization receiving protection) will:-Promptly notify the indemnifying party (the person or organization providing protection) of any claim, suit, or proceeding for which indemnity is claimed-Allow the indemnifying party to control the defense of any such claim, suit, or proceeding-Provide reasonable assistance to the indemnifying party (at the expense of the indemnifying party)The indemnifying party will not enter into any settlement that would impose liability or obligations on the indemnified party without the express prior consent of the indemnified party.

16. YOU AGREE TO PAY THE FEES OWED FOR YOUR USE OF SERVICES

Company may change the fees for its Services from time to time at its discretion, including introducing fees for Services that were previously included in Free Services or other free functionality on the Sites or Apps. Company will post notice of such changes on the Sites or Apps. Any pricing changes to your paid Subscription Services will be effective as of your next Subscription Period and will not impact your current Subscription Period. As a customer, you will pay the company for all fees associated with accessing company content and other one-time services that you purchase online via the company website or in a signed and accepted order form. As a subscriber, you will pay the company for all fees associated with your subscription level as set forth in the subscription section of your user profile or in the signed and accepted order form. Before you can access any of our paid Services, we’ll need a valid credit card, PayPal account, or other form of payment from you. You’re also agreeing to pay us for (a) any one-time professional service fees that are outlined in your order once you activate your Services, (b) any fees that are specified in your order for access to our Company Content or one-time Services, and (c) all taxes, including sales, use, personal property, value-added, excise, customs fees, import duties, stamp duties and any other similar taxes and duties, including penalties and interest, imposed by any SAUDI ARABIAs federal, , provincial or local government entity on the transactions contemplated by this Agreement. However, taxes based upon Company’s net income will be excluded. Additionally, if you are a Subscriber, you agree to pay Company (I) the base fees for your Subscription Level prior to the start of each Subscription Period. For example: Annual. (ii) any fees for using the Services that exceed what is specified in your Subscription Level, which will be billed to you annual.

If you have provided a credit card, PayPal or other form of automatic electronic payment (your “ePayment Account”), you agree that the company may charge your ePayment Account for all fees for your Subscription Services as they occur, including renewal payments on the last day of each Subscription period. If you submit a new ePayment account, you agree that the company may test your account with a small charge. This charge will be refunded to you within ten (10) days.

If you don’t make your payment to us by the due date, we have the right to suspend your access to Subscription Services and Company Content. We may also delete your account. If we must hire an attorney to collect the money you owe us, you will have to pay all reasonable attorneys’ fees and other costs.

17. CONTACT SUPPORT FOR REFUND OR INCORRECT INVOICE.

Your payment for a given Subscription Period or Company Content is non-refundable unless you are a new customer or subscriber, and you are dissatisfied with the Services. If you are looking to cancel your Subscription Services or request a refund, the Company offers a refund policy which is available on the Site for the specific Services. The refund policy does not apply to non-refundable enterprise and API subscriptions or certain Company Content and Third-Party Content. (c) certain Third-Party Services, such as SA mail, and eFiling services.

If you’re a customer or subscriber who disputes an invoice in good faith, you should contact the company’s support team within 30 days of receiving the invoice. Give them details of the dispute, any supporting documentation, and your contact information. While you and the company work to resolve the dispute, you’ll continue to pay all invoices when they’re due (even disputed amounts). When the dispute is resolved, the company will promptly credit any amount owed to you or you’ll promptly pay any amount owed to the company.

In order to receive a refund or dispute an invoice, please contact Company support at support@indorse.com.sa

18. HANDLING OF PERSONAL DATA.

With respect to the processing of personal data by Company on your behalf, the terms of the Data Processing Addendum shall apply to the extent required by applicable law.

For the purposes of this Addendum, the following terms have the meanings given in the General Data Protection Regulation (GDPR): “personal data”, “data subject” and “processing”. To the extent you are an individual, you hereby expressly grant consent to Company to:
  • process your personal data, including sensitive personal data, in accordance with the Privacy Policy to deliver Services and in accordance with the terms herein
  • disclose your personal data (including sensitive personal data) to the categories of recipients described in the Privacy Policy
  • We may disclose your personal data (including sensitive personal data) to public authorities in order to comply with lawful requests, including to meet national security or law enforcement requirements.

19. THE AGREEMENT IS EFFECTIVE UNTIL TERMINATED BY EITHER PARTY.

This Agreement will apply to you if you are using the Services, unless either you or Company terminate the Agreement. If you are a Subscriber or Customer, the Agreement will come into effect on the date that you either accept this Agreement or sign a sales order, whichever comes first., the Agreement will terminate upon the earlier of the completion of the one-time transaction or thirty (30) days from the effective date. If you’re a subscriber, your initial subscription period will end on the date specified in your order form. After that, this agreement will automatically renew for successive periods that are the same length as your initial term. If you are an individual subscriber or the administrator for an account, you may notify the company of your intent to not renew the services by You may cancel your account at any time by either (a) logging into the Services and cancelling your account through your account settings (if available) or (b) contacting Company support and receiving written confirmation by Company of your request. If you or the Company elect not to renew the Services before the end of your current Subscription Period, you will not be charged for Subsequent Periods.

The company may terminate the agreement or suspend your use of the subscription services or company content if:
  • You violate the license restrictions in sections 3, 4, 10, or 11.
  • You are past due on payment of a fee owed and have not responded to our request for payment.
  • You’re billing or contact information is materially false, fraudulent, or invalid.
  • You issued bad checks or reversed credit/debit card transactions.
  • You will be in breach of this agreement if you fail to comply with its terms and conditions, and you will not be cured of such breach within 15 days of the company’s written notice specifying the alleged breach.
  • In addition, if you enter receivership, general assignment for the benefit of creditors, any bankruptcy or insolvency proceedings that are not dismissed within 60 days, liquidation, dissolution or termination of your business operations, you will also be in breach of this agreement.

If the company you subscribed to the services from breaches this agreement in any way or if they fail to comply with it and don’t fix the problem within 15 days of receiving a written notice from you that specifies what the problem is, then you have the right to terminate your subscription with them.

20. ONCE TERMINATED, YOU WON’T HAVE ACCESS TO CONTENT OR SERVICES.

If this Agreement is terminated, (a) Company will no longer be required to provide you the Services, (b) your account and all content contained therein will no longer be accessible by you, (c) you will need to stop using the Services immediately, and (d) all licenses and other rights granted to you under this Agreement will automatically expire. Company will not be held liable to you or any third party for the termination of this Agreement or any resulting termination or suspension of your use of the Services.

If you’re a Subscriber or Customer and the Company terminates your access or usage, you won’t be refunded for any fees of the current Subscription Period. You’re still obligated to pay any outstanding fees that haven’t been paid yet.

When your access or usage is terminated or expires, any content you’ve created will be deleted from the Services and company won’t store it for you. This information can’t be recovered once it’s been deleted, so if you’re not a registered user, company won’t store your content.

The terms of the following sections will still apply after termination or expiration: 8, 9, 10, 14, 15, 16 and 22-27.

21. PARTIES AGREE TO ARBITRATE DISPUTES.

If a dispute, controversy, or claim arises out of or relates in any way to this agreement or to Company, the complaining party shall notify the other party in writing. Within 30 days of such notice, both parties shall meet at an agreed location in Jeddah, or via phone conference or other phone or internet service, to attempt to resolve the dispute in good faith.

If the dispute cannot be resolved within 30 days after notice is given, the complaining party will seek remedies exclusively through arbitration in Jeddah, in accordance with the Federal Arbitration Act. The demand for arbitration should be made within a reasonable time after the claim is made.

The dispute or other matter in question has arisen, and in no event shall it be made after the Jeddah City limitation for the claims has lapsed. Each party shall bear its own costs and fees for the arbitration. The arbitrators’ award shall be the sole and exclusive remedy between the parties.

 22. YOU AGREE NOT TO JOIN A CLASS ACTION

Unless all parties agree otherwise in writing, arbitration will only be done on an individual basis. This means that no claims can be arbitrated on a collective or class action basis. This waiver of jury trial will still be effective even if the class action waiver is found to be limited, void, or unenforceable.

23.PARTIES AGREE TO MASSACHUSETTS LAW.

The Agreement will be governed by the laws of the SAUDI Aribia of JEDDAH without regard to that body of law controlling conflicts of law. If arbitration of a dispute or claim is not deemed applicable or enforceable, the parties agree to submit to the jurisdiction, The parties agree that the Saudi Arabia Convention on Contracts for the International Sale of Goods will not apply to the Agreement.

24.THIS AGREEMENT MAY CHANGE.

COMPANY may need to modify the agreement or services from time to time. COMPANY will post changes to the agreement on the sites and notify registered users of any material changes to the agreement or their subscription services. Except for changes required for compliance with law, which shall be effective immediately – any materially adverse change to a clause in the agreement for the subscriber will be effective as of the next subscription period. Visitors or customers should check back periodically for changes to the agreement, terms and conditions. Since their continued use of our services will be governed by the modified terms and conditions, it’s important that visitors and customers review such modifications. This way, they can be aware of any changes that may affect their use of our services.

25. BOTH PARTIES AGREE TO THE FOLLOWING GENERAL PROVISIONS.

This Agreement does not create a partnership or agency relationship between the parties, and neither party has the right to bind the other in any agreement with a third party.

However, each party may still enforce its own rights under this Agreement even if it has waived them in the past or delayed or failed to do so. All waivers must be in writing and signed by the party waiving its rights.

If any part of this agreement is found to be unenforceable by a court of competent jurisdiction, the remainder of the agreement will still be in effect. Both parties agree that the unenforceable provisions will be modified to best accomplish the objectives of the agreement within the limits of applicable law.

To the extent permitted by applicable law, both parties’ rights and remedies provided herein are cumulative and in addition to any other rights and remedies at law or equity.

The captions found throughout the agreement are for ease of reading and are not legally binding. The use of the word “including” in the Agreement is to be read as “including, but not limited to.”

Neither party may assign any of their rights or duties mentioned in this document, except in connection with a merger or acquisition. This Agreement shall be legally binding for, and will extend to the benefit of, any successors and assigns of the parties involved.

By agreeing to communicate electronically, both parties agree that any notices, agreements, disclosures, or other communications that either party sends to the other will satisfy any legal communication requirements. This includes the requirement that such communications be in writing. The party sending the communication will send it to the email address provided by the other party’s account. For communications sent to Company, the sender will use the email address specified in the Agreement.