Your privacy is very important to us.
Rack-Soft, doing business as 4PSA (hereinafter referred to as
"4PSA") protects your personal information and created this privacy
statement in order to demonstrate our firm commitment to
privacy.
YOU MUST READ THESE TERMS OF USE (hereinafter
referred to as "Terms") CAREFULLY.
1.1 Rack-Soft, Inc doing business as 4PSA
(hereinafter referred to as "4PSA") PROVIDES THIS WEBSITE
(hereinafter referred to as "Website") TO YOU, YOUR EMPLOYEES,
AGENTS, AND CONTRACTORS, AND ANY OTHER ENTITY ON WHOSE BEHALF YOU
ACCEPT THESE TERMS (hereinafter referred to as "You"), SUBJECT TO
THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN 4PSA AND
YOU, AND YOU ACCEPT THEM BY: (a) PLACING AN ORDER THROUGH THIS
WEBSITE; (b) USING THE WEBSITE IN ANY OTHER MANNER. IF YOU DO NOT
AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
1.2 This Website includes without limitation:
(a) the 4PSA online store and other online services accessible via
the Website (hereinafter referred to as "Services"); (b)
information such as technical, contractual, product, program,
pricing, marketing, and other valuable information (hereinafter
referred to as "Information"); and (c) content such as data, text,
software, sound, photographs, graphics, video, messages, or other
materials (hereinafter referred to as "Content"). 4PSA controls and
operates its websites from various locations and makes no
representation that this Website is appropriate or available for
use in all locations. 4PSA products and services may not be
available in Your location, and deliverables may vary among
locations. If You are using the Website on behalf of Your employer,
You represent and warrant that You are authorized to accept these
Terms on Your employer's behalf, and that Your employer agrees to
indemnify You and 4PSA for violations of these Terms. In addition
to the Terms and unless otherwise noted, the standard 4PSA terms
and conditions of sale govern purchases You make through the
Website, unless You have in effect a separate valid written
purchase or license agreement with 4PSA for that product or
service, in which case that separate agreement governs, and in
cases of conflict, prevails.
2.1 In consideration of Your use of the
Website, You agree to: (a) provide accurate, current, and complete
information about You as may be prompted by a registration form on
the Website (hereinafter referred to as the "Registration Data");
(b) maintain the security of your password and identification; (c)
maintain and promptly update the Registration Data, and any
information You provide to 4PSA, to keep it accurate, current and
complete; and (d) accept all risks of unauthorized access to
Information and Registration Data. You have sole responsibility for
adequate protection and backup of data and/or equipment used in
connection with the Website. 4PSA is not liable for any
unauthorized use of the Website or Services. You acknowledge and
agree that certain Services may provide password-restricted access
to customer information such as names and certain terms of Your
existing contracts to assist You in purchasing, maintaining and
supporting Your 4PSA products. By using this Website and
registering for such Services, You consent to 4PSA's display of
such Information via the Services and accept all risks of
unauthorized access to such Information. If You provide any
Information that is false, inaccurate, out of date, or incomplete,
or 4PSA has reasonable grounds to suspect that such Information is
false, inaccurate, not current, or incomplete, 4PSA may suspend or
terminate Your account and refuse any and all current or future use
of the Services (or any portion thereof).
2.2 You understand that all Content, whether
publicly posted or privately transmitted, are the sole
responsibility of the person from whom such Content originated.
This means that You, and not 4PSA, are entirely responsible for all
Content that You upload, post or otherwise transmit via the
Services. 4PSA does not control the Content posted via the Services
and, as such, does not guarantee the accuracy, integrity or quality
of such Content.
2.3 You agree not to post or otherwise
transmit via the Website Content that: (a) is inaccurate, harmful,
obscene, pornographic, defamatory, racist, violent, offensive,
harassing, or otherwise objectionable to 4PSA or other users of the
Website; (b) includes unauthorized disclosure of personal
information; (c) violates or infringes anyone's intellectual
property rights; or (d) 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.
2.4 4PSA reserves the right to edit or remove
content that 4PSA becomes aware of and determines to be harmful,
offensive or otherwise in violation of these Terms. 4PSA may also
remove Content that contains third-party commercial advertisements,
is inaccurate or includes unauthorized disclosure or personal
information. Violation of these restrictions (hereinafter referred
to as "Restrictions") may also result in the termination or
suspension of your account. These Restrictions apply to all content
provided to or through the Services, including email messages,
newsgroup postings, chat, and personal or business web pages.
2.5 You agree that You will not use the
Website to: (a) transmit spam, bulk or unsolicited communications;
(b) impersonate any person or entity, including, but not limited
to, a 4PSA official, or falsely state or otherwise misrepresent
Your affiliation with a person or entity; (c) forge headers or
otherwise manipulate identifiers (including URLs) in order to
disguise the origin of any Content transmitted through the
Services; (d) upload, post or otherwise transmit any Content that
You do not have a right to transmit to the public under any law or
under contractual or fiduciary relationships (such as inside
information, proprietary or confidential information learned or
disclosed as part of employment relationships or under
nondisclosure agreements); (e) 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; (f) disrupt the normal flow of
dialogue or otherwise act in a manner that negatively affects other
users' ability to use the Website; (g) engage in activities that
would violate any fiduciary relationship, any applicable local,
national or international law, or any regulations having the force
of law, including but not limited to attempting to compromise the
security of any networked account or site, operating an illegal
lottery or gambling operation, stalking, or making threats of harm;
or (h) collect or store personal data about other users unless
specifically authorized by such users.
3. CONFIDENTIALITY OF 4PSA
INFORMATION
In order to gain access to the Services,
You agree, either as an individual or on behalf of Your employer,
to be bound by the provisions of this Section 3. Furthermore, if
You are acting on behalf of Your employer, Your employer agrees
to indemnify You for violations of this Section 3.
3.1 You may obtain direct access via the
Website to certain confidential information of 4PSA and its
suppliers, including without limitation technical, contractual,
product, program, pricing, marketing, and other valuable
information that should reasonably be understood as confidential
(hereinafter referred to as "Confidential Information"). You must
hold Confidential Information in strict confidence and may
provide Confidential Information to employees in Your
organization only on a need-to-know basis. You may use the
Confidential Information from the Website solely for the purpose
of purchasing, maintaining and supporting Your 4PSA products.
Title to Confidential Information remains with 4PSA and its
suppliers.
3.2 You do not acquire any rights in
Confidential Information, except the limited right to use
Confidential Information as described above.
3.3 Any breach of the Terms will result in
irreparable harm to 4PSA for which damages would be an inadequate
remedy and, therefore, in addition to its rights and remedies
otherwise available at law, 4PSA will be entitled to equitable
relief, including both a preliminary and permanent injunction, if
such a breach occurs. You waive any requirement for the posting
of a bond or other security, if 4PSA seeks such an
injunction.
3.4 Your obligations regarding Confidential
Information expire 5 (five) years after the date of disclosure.
Upon termination of the Terms or 4PSA's written request, You must
cease use of Confidential Information and return or destroy
it.
3.5 The Terms impose no obligation upon You
with respect to Confidential Information that You can establish
by legally sufficient evidence: (a) You possessed prior to Your
receipt from 4PSA, without an obligation to maintain its
confidentiality; (b) is or becomes generally known to the public
through no act or omission by You, or otherwise without violation
of the Terms; (c) You obtained from a third party who had the
right to disclose it, without an obligation to keep such
information confidential; (d) You independently developed without
the use of Confidential Information and without the participation
of individuals who have had access to it, or (e) in response to a
valid order by a court or other governmental body, as otherwise
required by law, or as necessary to establish the rights of
either party under these Terms and as disclosed after prior
notice to 4PSA adequate to afford 4PSA the opportunity to object
to the disclosure.
4. CONTENT SUBMITTED TO 4PSA
4.1 4PSA does not claim ownership of the
Content You place on the Website and shall have no obligation of
any kind with respect to such Content.
4.2 4PSA does not routinely monitor
Content, but 4PSA and its designees reserve the right to monitor,
restrict access to, edit or remove any Content that violates the
Terms or is otherwise objectionable. 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.
4.3 Unless otherwise explicitly stated
herein, or in 4PSA's Privacy Policy, any Content You provide in
connection with this Website shall be deemed to be provided on a
non-proprietary and non-confidential basis. 4PSA shall be free to
use or disseminate such Content on an unrestricted basis for any
purpose, and You grant 4PSA and all other users of the Website an
irrevocable, worldwide, royalty-free, nonexclusive license to
use, reproduce, modify, distribute, transmit, display, perform,
adapt, resell, and publish such Content (including in digital
form). You represent and warrant that you have proper
authorization for the worldwide transfer and processing among
4PSA, its affiliates, and third-party providers of any
information that You may provide on the Website.
5. SPAM EMAIL AND POSTING
5.1 You agree that 4PSA would be
irreparably harmed by the use, by You or others, of 4PSA's
Services or facilities in connection with the transmission of
spam newsgroup postings or unsolicited email in violation of
these Terms, and that 4PSA is entitled to obtain injunctive
relief against any such transmission (in addition to all other
remedies available at law or in equity). 4PSA reserves the right
to block, filter or delete unsolicited email.
6. INDEMNITY
6.1 You agree to indemnify and hold 4PSA
and its subsidiaries, affiliates, shareholders, officers,
directors, agents, licensors, suppliers, alliance members, other
partners, employees, and representatives harmless from any claim
or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of Your Content, Your use of or
in connection to the Website (including any use by You on behalf
of Your employer), Your violation of the Terms, or Your violation
of any rights of another.
7. NOTICES; MODIFICATION AND TERMINATION
OF SERVICES; AMENDMENT OF TERMS
7.1 4PSA may provide notices of changes to
the Terms or other matters by displaying notices or links to
notices to You generally on the Services. 4PSA reserves the right
at any time and from time to time to modify or discontinue,
temporarily or permanently, the Services (or any part thereof)
with or without notice. 4PSA may make changes to the 4PSA online
store, including regarding products, services, programs, and
prices, at any time without notice. 4PSA, in its sole discretion,
may terminate Your password, Your use of the Services or use of
any other 4PSA service, and remove and discard any Content within
the Services, for any reason, including, without limitation, for
lack of use or if 4PSA believes that You have violated or acted
inconsistently with the letter or spirit of the Terms. Any
termination of Your access to the Services under any provision of
the Terms may be effected without prior notice, and 4PSA may
immediately de-activate or delete Your account and all related
information and files in Your account and/or bar any further
access to such files or the Services. Further, 4PSA will not be
liable to You or any third-party for any termination,
modification, or suspension of the Services, or loss of related
information.
8. AVERTISEMENTS AND PROMOTIONS
8.1 4PSA runs advertisements and promotions
from third parties on the Website. Your correspondence or
business dealings with, or participation in promotions of
advertisers other than 4PSA found on or through the Website,
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
advertiser. 4PSA is not 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 non-4PSA advertisers on the
Website.
9. CONTENT PROVIDED VIA LINKS
9.1 You may find links to other Internet
sites or resources on the Website. You acknowledge and agree that
4PSA is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible
or liable for any content, advertising, products, or other
materials on or available from such websites or resources. 4PSA
will not be responsible or liable, directly or indirectly, for
any actual or alleged damage or loss caused by or in connection
with use of or reliance on any such content, goods or services
available on or through any such website or resource.
9.2 This Website may be linked to other
websites which are not under the control of and are not
maintained by 4PSA. 4PSA is not responsible for the content of
those sites. 4PSA is providing these links to You only as a
convenience, and the inclusion of any link to such sites does not
imply endorsement by 4PSA of those sites.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 The Services and any software
(including any downloads available on the Website or otherwise
provided by 4PSA) used in connection with the Services
(hereinafter referred to as “Software") contain proprietary
and Confidential Information that is protected by applicable
intellectual property rights and other laws. Content contained in
third-party advertisements or information presented to You
through the Services or advertisers is protected by copyrights,
trademarks, service marks, patents, publicity rights, or other
proprietary rights and laws. Except as expressly authorized by
4PSA or advertisers, You agree not to modify, rent, lease, loan,
sell, distribute, or create derivative works based on the
Services or the Software, in whole or in part.
10.2 You may use the Software and related
Services only subject to the agreement or license that
accompanies such Software or Services. You may use Software or
Services only during their specified term, for the enumerated
number of times, for the specified number of individuals, or as
otherwise limited in the applicable agreement or license.
Services involving an update, version release, product release,
maintenance release, patch or derivative work of a licensed
Software or Service may be used only: (a) on systems for which
such Software or Service were specifically licensed; and (b)
subject to the license and warranty term governing the original
product or Service.
10.3 You must not modify, decompile, or
reverse engineer any software 4PSA discloses to You, and You must
not remove or modify any copyright or trademark notice, or other
notice of ownership from any originals or copies of Software or
Information from the Services.
10.4 "4PSA Trademarks" means all names,
marks, brands, logos, designs, trade dress, slogans and other
designations 4PSA uses in connection with its products and
services. You may not remove or alter any 4PSA Trademarks, or
co-brand your own products or material with 4PSA Trademarks,
without 4PSA's prior written consent. You acknowledge 4PSA's
rights in 4PSA Trademarks and agree that any use of 4PSA
Trademarks by You shall inure to 4PSA's sole benefit. You agree
not to incorporate any 4PSA Trademarks into Your trademarks,
service marks, company names, Internet addresses, domain names,
or any other similar designations, for use on or in connection
with computer or Internet-related products, services or
technologies.
10.5 4PSA is committed to respecting
others' intellectual property rights, and we ask our users to do
the same. If You believe that Your work has been copied in a way
that constitutes copyright infringement on our Website, please
contact our copyright agent at copyright@4psa.com.
10.6 All Content provided on this Website
is provided by or to 4PSA by its respective manufacturers,
authors, developers, and vendors (hereinafter referred to as
"Third Party Providers") and is the copyrighted work of 4PSA
and/or the Third Party Providers. Except as stated herein, none
of the Content may be copied, reproduced, distributed,
republished, downloaded, displayed, posted, or transmitted in any
form or by any means, including, but not limited to, electronic,
mechanical, photocopying, recording, or otherwise, without the
prior express written permission of 4PSA or the Third Party
Provider. No part of the Website, including logos, graphics,
sounds or images, may be reproduced or retransmitted in any way,
or by any means, without the prior express written permission of
4PSA. You also may not, without 4PSA's prior express written
permission, "mirror" any Content contained on this Website on any
other server.
10.7 Unless explicitly stated herein,
nothing in these Terms shall be construed as conferring any
license to intellectual property rights, whether by estoppels,
implication, or otherwise. You acknowledge sole responsibility
for obtaining any such licenses.
10.8 Permission is granted to display,
copy, distribute, and download Content owned by 4PSA on this
Website provided that: (a) the copyright notice pertaining to the
Content remains, and a permission notice (e.g., "Used with
permission") is added to such Content; (b) the use of such
Content is solely for personal and non-commercial use; (c) such
Content will not be copied or posted on any networked computer or
published in any medium, except as explicitly permitted by valid
permission or license covering such materials; and (d) no
modifications are made to such Content. This permission
terminates automatically without notice, if You breach any of the
terms or conditions in this Section 10. Upon termination, You
must immediately destroy any downloaded and/or printed
Content.
10.9 Any unauthorized use of any Content
contained on this Website may violate copyright laws, trademark
laws, the laws of privacy and publicity, and communications
regulations and statutes.
10.10 Content provided by Third Party
Providers has not been independently authenticated in whole or in
part by 4PSA. 4PSA does not provide, sell, license, or lease any
of the Content other than those specifically identified as being
provided by 4PSA.
11. DISCLAIMER OF WARRANTIES
11.1 YOUR USE OF THE WEBSITE IS AT YOUR
SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE WEBSITE,
INCLUDING THE INFORMATION, SERVICES, AND CONTENT (AS DEFINED IN
SECTION 1.2) IS PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH
ALL FAULTS" BASIS. 4PSA DISCLAIMS ALL EXPRESS OR IMPLIED
CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND,
INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT. 4PSA MAKES NO REPRESENTATIONS, WARRANTIES,
CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY,
SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE
WEBSITE.
11.2 4PSA MAKES NO WARRANTY OR
REPRESENTATION THAT: (a) THE WEBSITE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR
RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE
WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY
ERRORS IN THE WEBSITE WILL BE CORRECTED.
11.3 ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN
DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING ANY DAMAGES
RESULTING FROM COMPUTER VIRUSES.
11.4 NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM 4PSA OR THROUGH OR FROM THE
SERVICES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY
STATED IN THE TERMS. 4PSA’S EMPLOYEES ARE NOT AUTHORIZED TO
MODIFY THESE TERMS.
12. LIMITATION OF LIABILITY
12.1 TO THE FULL EXTENT PERMITTED BY LAW,
4PSA IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING,
WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL,
USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC
ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN
IF 4PSA HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE
FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE,
WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE),
INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR
THE INABILITY TO USE THE WEBSITE; (b) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE
WEBSITE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED
ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR
CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (e)
CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY, OR
DISTRIBUTE.
12.2 YOU HAVE SOLE RESPONSIBILITY FOR
ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN
CONNECTION WITH THE WEBSITE AND WILL NOT MAKE A CLAIM AGAINST
4PSA FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS
OR LOST PROFITS RESULTING FROM THE USE OF THE CONTENT.
12.3 YOU AGREE TO HOLD 4PSA HARMLESS FROM,
AND YOU COVENANT NOT TO SUE 4PSA FOR ANY CLAIMS BASED ON USING
THE WEBSITE, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH),
TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. Some jurisdictions do
not allow the exclusion or limitation of direct, incidental or
consequential damages, so portions of the above limitation or
exclusion may not apply to You.
13. GENERAL TERMS
13.1 The Terms constitute the entire
agreement between You and 4PSA, govern Your use of the Services,
and cancel and supersede any prior agreements between You and
4PSA (including, but not limited to any prior versions of the
Terms). No modification to the Terms will be binding, unless in
writing and signed by an authorized 4PSA representative. You must
not assign or otherwise transfer the Terms or any right granted
hereunder. You also may be subject to additional terms and
conditions that may apply when You use 4PSA or third-party
products or services.
13.2 You agree that any material breach of
Sections 2, 3, 4, 5, 9, 10, 11, 12, and 13 of the Terms will
result in irreparable harm to 4PSA for which damages would be an
inadequate remedy and, therefore, in addition to its rights and
remedies otherwise available at law, 4PSA will be entitled to
equitable relief, including both a preliminary and permanent
injunction, if such a breach occurs. You waive any requirement
for the posting of a bond or other security, if 4PSA seeks such
an injunction.
13.3 Romanian law governs any action
related to the Terms and/or Your use of the Website. Choice of
law rules of any jurisdiction and the United Nations Convention
on Contracts for the International Sale of Goods will not apply
to any dispute under the Terms. To the maximum extent permitted
by law, You hereby consent to the jurisdiction and venue of the
courts located within Bucharest, Romania and waive any objections
to the jurisdiction or venue of such courts.
13.4 Services, Content, and product derived
or obtained from this Website may be subject to the Romanian
export laws and the export or import laws of other countries. You
agree to comply strictly with all such laws and, in particular,
shall: (a) obtain any export, re-export, or import authorizations
required by Romanian or your local laws; (b) not use Services,
Content, or direct product from this Website to design, develop
or produce missile, chemical / biological, or nuclear weaponry;
and (c) not provide Services, Content, or direct product from
this Website to proscribed or embargoed countries.
13.5 Rights and obligations under the Terms
which by their nature should survive will remain in full effect
after termination or expiration of the Terms.
13.6 This Website could include
inaccuracies or typographical errors. 4PSA and the Third Party
Providers may make improvements and/or changes in the products,
services, programs, and prices described in this Website at any
time without notice. Changes are periodically made to the
Website. 4PSA may amend these Terms at any time by posting the
amended terms on this site.
13.7 Any express waiver or failure to
exercise promptly any right under the Terms will not create a
continuing waiver or any expectation of non-enforcement. If any
provision of the Terms is held invalid by any law or regulation
of any government, or by any court or arbitrator, the parties
agree that such provision will be replaced with a new provision
that accomplishes the original business purpose, and the other
provisions of the Terms will remain in full force and effect.
Regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Services
or the Terms must be filed within 1 (one) year after such claim
or cause of action arose or be forever barred.
13.8 The Section headings of these Terms
shall not affect the meaning or interpretation of the Terms, have
no legal or contractual effect, and are included only to
facilitate its reading.
13.9 These Terms represent the entire
understanding relating to the use of the Website and prevail over
any prior or contemporaneous, conflicting, or additional,
communications.
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