1.3 You may create software applications or websites (individually an “Application” and collectively the “Applications”) that interfaces with the Service Objects API and/or Services. You acknowledge that we may revise, delete or republish any facet or feature of any of the Service Offerings from time to time, and that it is your responsibility to ensure that any communication you make to or via any of the Service Offerings are compatible with then-current Service Offerings. Service Objects will attempt to inform you of any such changes with reasonable notice so you can adjust your Applications, but we are under no obligation to do so.
1.4 You and any Application that you may build, distribute, or otherwise create may communicate with the Service Objects API and/or Services, or make queries (hereinafter referred to as “Queries”) to the Services, at any time that the Services are available provided that those Queries do not violate the terms of this Agreement.
1.5 Provided that you comply with the terms of this Agreement you may use the Service Objects API and/or Services to execute Applications owned or lawfully obtained or licensed by you. You are solely responsible for your Applications, including any data, text, images or content contained therein.
1.7 We may make available to you, for your installation, copying and/or use in connection with the Services, from time to time, a variety of software, data and other content and printed and electronic documentation (the “Service Objects Properties”). Subject to your acceptance of and compliance with this Agreement, ongoing compliance with this Agreement with respect to the subject Services, and payment if and as required for your right to use the subject Services, Service Objects hereby grants to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the Term of this Agreement in and under our intellectual property rights in the Service Objects Properties, only to install, copy and use the Service Objects Properties solely in connection with and as necessary for your use of the Services, solely in accordance with the terms and conditions of this Agreement.
(a) The Service Objects Properties include, without limitation:
(b) Service Objects may make available under another license agreement, such as an open source agreement, additional content or software. Any such content or software will be marked with such a license indicating the usage rights available for that content or software. For such content or software released pursuant to an open license, Service Objects encourages you to modify, alter, tamper with, repair and/or create derivative works consistent with such license. Such content or software may include:
Developer tools, such as software development kits or sample code, for use in connection with the Service Objects API; and
Articles and documentation for use in connection with the use and implementation of the Service Objects API (collectively, “Documentation”).
(c) Except as may be expressly authorized under this Agreement:
You may not, and may not attempt to, modify, alter, tamper with, repair, or otherwise create derivative works of any software included in the Service Objects Properties.
You may not, and may not attempt to, reverse engineer, disassemble, or decompile any of the Service Offerings, or apply any other process or procedure to derive the source code of any software included in any of the Service Offerings.1.8 The rights granted by us in this Agreement with respect to the Service Offerings are nonexclusive, and we reserve the right to: (i) act as a developer of products or services related to any of the products that you may develop in connection with any of the Service Offerings or via your use of any of the Service Offerings; and (ii) appoint third parties as developers or systems integrators who may offer products or services which compete with your Applications.
2.2 You may terminate this Agreement for any reason or no reason at all, at your convenience, by closing your account for the Services. Upon termination your rights and obligations for the Term shall cease, except for your payment obligations for this Agreement, which shall become fully payable upon termination, except as expressly provided otherwise in this Agreement.
2.3 Except as otherwise expressly provided in this Agreement, we may suspend your right and license to use all or any of the Service Offerings or terminate this Agreement in its entirety (and, accordingly, cease providing any of the Service Offerings to you), for any reason or for no reason, at our discretion at any time by providing you 30 days’ advance notice in accordance with the notice provisions set forth in Section 10 below. If Service Objects determines that providing advance notice would negatively impact Service Objects’ ability to provide any of the Service Offerings, Service Objects may suspend your right and license to use any of the Service Offerings or terminate this Agreement in its entirety (and, accordingly, cease providing any of the Service Offerings to you), with no notice.
2.4 We may suspend your right and license to use any of the Service Offerings or terminate this Agreement in its entirety (and, accordingly, your right to use the Services), for cause effective as set forth below:
2.4.1 Immediately upon our notice to you in accordance with the notice provisions set forth in Section 10 below if (i) there is an unusual spike or increase in your use of any of the Service Offerings for which there is reason to believe such traffic or use is fraudulent or negatively impacting the operating capability of any facet of any of the Service Offerings; (ii) we determine, in our sole discretion, that our provision of any facet of any of the Service Offerings to you is prohibited by applicable law, or has become impractical or unfeasible for any legal or regulatory reason; or (iii) subject to applicable law, upon your liquidation, commencement of dissolution proceedings, disposal of your assets, failure to continue your business, assignment for the benefit of creditors, or if you become the subject of a voluntary or involuntary bankruptcy or similar proceeding.
2.4.2 Immediately and without notice if you are in default of any payment obligation to us or if any payment mechanism you have provided to us is invalid or charges are refused for such payment mechanism.
2.4.3 After 5 days following our provision of notice to you in accordance with the notice provisions set forth in Section 10 below if you breach any other provision of this Agreement and fail, as determined by us, in our sole discretion, to cure such breach within such 5-day period.
2.5 Effect of Suspension or Termination.
2.5.1 Upon our suspension of your use of the Service Offerings, in whole or in part, for any reason: (i) fees will continue to accrue for the Service Offerings that are still in use by you, notwithstanding the suspension; (ii) you remain liable for all fees, charges and any other obligations you have incurred through the date of suspension with respect to the Service Offerings; and (iii) all of your rights with respect to the Service Offerings shall be terminated during the period of the suspension.
2.5.2 Upon termination of this Agreement for any reason: (i) you remain liable for all fees, charges and any other obligations to us you have incurred through the date of termination; and (ii) all of your rights under this Agreement shall immediately terminate.2.6 In the event this Agreement expires or is cancelled or terminated for any reason, Sections 4, 6, 7, 8, 9, 10 and 11 and any applicable definitions will survive any such expiration, cancellation or termination.
outages, system failures or other interruptions; and (ii) we shall also be entitled, without any liability to you, to suspend access to any facet of any of the Service Offerings at any time, on a Service Offering-wide basis: (a) for scheduled downtime to permit us to conduct maintenance or make modifications to any facet of any of the Service Offerings; (b) in the event of a denial of service attack or other intrusion or attack on any facet of any of the Service Offerings, or other event that we determine, in our sole discretion, may create a risk to the applicable Service Offering, to you or to any of our other customers if that facet of any of the Service Offerings were not suspended; or (c) in the event that we determine that any facet of any of the Service Offerings is prohibited by applicable law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (individually and collectively a “Service Suspension”). Without limitation to Section 7, we shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any Service Suspension. To the extent we are able, we will endeavor to provide you notice of any Service Suspension in accordance with the notice provisions set forth in Section 10 below and to post updates regarding resumption of Services following any such suspension, but shall have no liability for the manner in which we may do so or if we fail to do so.
3.3 We cannot guarantee your Queries are secure while being transmitted over the Internet. Accordingly, without limitation to Section 7 below, you acknowledge that you bear sole responsibility for adequate encryption, security, protection and backup of your Queries. We currently provide optional high-grade AES-256 encryption for all accounts at no charge and strongly encourage you, where appropriate, to use encryption technology to protect your Queries from unauthorized access in transmission.
5.1 In its sole discretion, Service Objects shall determine whether you are eligible for a free trial subscription to its Services. Free trials are limited to a fixed number of no-cost Queries to be used within a 30 day period per person per service, and if we determine, in our sole discretion, that you have created multiple free trial accounts, we reserve the right to suspend those accounts and take actions to prevent additional violations.
5.2 An “Order Form” is a written document signed by you and Service Objects, or an electronic form submitted by you and accepted by Service Objects, which identifies the Service Offerings that you have agreed to purchase and the corresponding fees. To the extent the Service Offerings or any portion thereof are made available for any fee, you agree to pay all applicable fees (including any usage-based fees). You will provide Service Objects with valid credit card information or with a valid purchase order or alternative document reasonably acceptable to us. If you provide credit card information, you thereby authorize Service Objects to charge such credit card for all Services listed in the Order Form for the initial term and any renewal term(s). Fees shall be charged in advance, either monthly or in accordance with any different billing frequency stated in the applicable Order Form. Unless specified otherwise in the Order Form we will invoice you in advance for all regular recurring fees, such as subscription fees, and invoice you in arrears for all usage-based fees. We may increase or add new fees for any existing facet or feature of any of the Service Offerings by giving you 30 days’ advance notice . You will provide such information to us as reasonably required to determine whether we are obligated to collect any taxes from you.
5.4 We may specify the manner in which you will pay any fees, and any such payment shall be subject to our general accounts receivable policies from time to time in effect. Should you have any dispute as to paid fees associated with your account, please email us at firstname.lastname@example.org within 45 days of the date of the activity that generated such dispute, and we will attempt to resolve the matter. Any and all refunds issued to resolve such a dispute shall be issued as credits to your account, but in no event shall there be any cash refunds. Disputes older than 45 days shall not be entitled to any refunds or credits.
6.1 We reserve all right, title and interest (including but not limited to all intellectual property and proprietary rights) in and to: (i) the Service Offerings; (ii) trademarks, service marks, copyrights and other intellectual property used by Service Objects to identify itself as the provider of goods and/or services (the “Service Objects Marks”); and (iii) any other technology and software that we provide or use to provide any of the Service Offerings. You do not, by virtue of your use and access rights expressly set forth in this Agreement or otherwise, acquire any ownership interest or rights in any of the Service Offerings, the Service Objects Marks, or such other proprietary information, technology and software.
6.2 In the event you communicate to us suggestions for improvements to any of the Service Offerings or Service Objects Marks (collectively, “Feedback”), and any other content or information you post or provide to Service Objects via comments, forums, blogs, emails and the like (collectively, “Communications”), we shall own all right, title, and interest in and to the same, even if you have designated the Feedback or Communications as confidential, and we shall be entitled to use the Feedback and Communications without restriction or compensation. You hereby irrevocably assign all right, title and interest in and to the Feedback and Communications to us and agree to provide us such assistance as we may require to document, perfect, and maintain our exclusive rights to the Feedback and Communications.
6.3 Service Objects respects the intellectual property of others, 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, or that your intellectual property rights have been otherwise violated, you should notify Service Objects of your infringement claim in accordance with the procedure set forth below.
Service Objects will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. Notification of claimed copyright infringement should be emailed to Service Objects Copyright Agent at email@example.com for (Subject line: “DMCA Takedown Request”). You may also contact us by mail at:
Service Objects, Inc.
136 West Canon Perdido St, Ste D
Santa Barbara, CA 93101-8207
7.1 You represent and warrant that you will not use any of the Service Offerings (including but not limited to our Website forums and comments sections) or Service Objects Marks or any of your Applications or Queries, in a manner that violates this Agreement. To this end, you must take reasonable precautions and procedures to prevent violation of this Agreement. Although Service Objects does not assume the duty or obligation to monitor any materials created, posted or uploaded by you or any third parties, Service Objects reserves the right, in its sole and absolute discretion, to monitor any and all materials posted or uploaded by you or any third parties at any time without prior notice to ensure that they conform to our usage guidelines and policies.
7.2 You represent and warrant: (i) that you are solely responsible for the development, operation, and maintenance of your Applications and Queries, including without limitation the accuracy, appropriateness and completeness of your Queries and all product-related materials and descriptions; (ii) that you have the necessary rights and licenses, consents, permissions, waivers and releases to use and display your Applications and Queries; (iii) that neither any of your Applications or Queries (a) violate, misappropriate or infringe any rights of us or any third party, (b) constitute defamation, invasion of privacy or publicity, or otherwise violate any rights of any third party, or (c) is designed for use in any illegal activity or promote illegal activities, including without limitation use in a manner that might be libelous or defamatory or otherwise malicious, illegal or harmful to any person or entity, or discriminatory based on any legally protected classification (e.g., race, sex, religion, nationality, disability, sexual orientation, or age); (iv) that neither any of your Applications or Queries contain any virus, worm, trojan horse, logic bomb, wiretap, denial of service attack or other potential attack on us, any of our clients, or any facet of any of the Service Offerings; and (v) to the extent to which you use any of the Service Objects Marks, that you will conduct your business in a professional manner and in a way that reflects favorably on the goodwill and reputation of Service Objects. You also represent and warrant that you are responsible for any charges incurred by virtue of your use of the Applications, whether or not the Application in question acted in error. You acknowledge that Service Objects neither endorses the content of any user’s Communication, nor assumes responsibility for any unlawful, abusive, threatening, libelous, defamatory, obscene, harassing, harmful, fraudulent or offensive material contained therein, any infringement or misappropriation of third party intellectual property rights arising there from, or any crime or harm facilitated thereby.
7.4 You represent and warrant that: (i) the information you provide in connection with your account for the Service Offerings is accurate and complete; (ii) you are duly authorized to operate your business in the jurisdiction(s) where you operate; and (iii) you personally are a duly authorized representative of your entity to access and use any of the Service Offerings, to use all your Applications and submit all your Communications and Queries, conducted under your account and to legally bind you and your entity to this Agreement.
7.5 THE SERVICE OFFERINGS ARE PROVIDED “AS IS.” WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO ANY OF THE SERVICE OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. WE AND OUR LICENSORS DO NOT EXPLICITLY WARRANT WILL FUNCTION AS DESCRIBED, WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN SERVICE OFFERINGS WILL BE CORRECTED, OR FREE OF ANY VIRUS, WORM, TROJAN HORSE, LOGIC BOMB, WIRETAP, DENIAL OF SERVICE ATTACK OR OTHER POTENTIAL INTRUSION OR ATTACK, OR THAT THE DATA YOU STORE WITHIN ANY OF THE SERVICE OFFERINGS WILL BE SECURE OR NOT OTHERWISE COMPROMISED, LOST OR DAMAGED. WE AND OUR LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY SERVICE OFFERINGS INTERRUPTIONS, INCLUDING WITHOUT LIMITATION POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY THIRD PARTY OR THROUGH ANY OF THE SERVICE OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
7.6 NEITHER WE NOR ANY OF OUR AFFILIATES, SUPPLIERS, OR LICENSORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE ANY OF THE SERVICE OFFERINGS OR THE SERVICE OBJECTS MARKS; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES; OR (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT. IN ANY CASE, OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO US HEREUNDER FOR THE SERVICES FURTHERMORE, YOU ACKNOWLEDGE THAT THIS ENTIRE SECTION 7 AN ESSENTIAL COMPONENT OF THIS AGREEMENT, AND THAT WE WOULD NOT PROVIDE ANY OF THE SERVICE OFFERINGS WITHOUT YOUR MAKING THESE REPRESENTATIONS AND WARRANTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. 7.7 THE SERVICES DO NOT AND ARE NOT INTENDED TO SUPPORT ANY EMERGENCY SERVICES. “EMERGENCY SERVICES” SHALL MEAN SERVICES THAT ALLOW A USER TO CONNECT WITH EMERGENCY SERVICES PERSONNEL OR PROVING EMERGENCY MESSAGING TO A USER. NEITHER WE NOR ANY OF ITS AFFILIATES, SUPPLIERS, OR LICENSORS SHALL BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR ANY CLAIMS, LOSSES, DAMAGES, LIABILITIES, JUDGMENTS, PENALTIES, FINES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES AND EXPERT FEES) (AND YOU HEREBY WAIVE THE SAME), ARISING FROM OR RELATING TO YOUR INABILITY TO USE ANY OF THE SERVICE OFFERINGS TO CONTACT ANY EMERGENCY SERVICES.
8.2 We will indemnify, defend and hold harmless you (and your employees, officers, directors, successors, assigns, agents and customers) from all claims, damages, liabilities, losses, costs and expenses (including without limitation reasonable attorneys’ fees) arising out of or resulting from any third party claim, action or other proceeding (including any proceeding by any of our employees, officers, directors, agents or customers) that is based upon or relates to (i) our breach of this Agreement, (ii) any allegation of infringement or misappropriation of any U.S. patent, copyright, trade secret, trademark or other intellectual property right with respect to the Service Offering or Service Objects Properties (iii) the misuse of data related to this Agreement by us (iv) our violation of any term or condition of this Agreement, including without limitation our representations and warranties, or (v) our contractors, employees, officers, directors, agents and/or representatives negligence or willful misconduct.
8.3 We agree to promptly notify you of any claim subject to indemnification; provided that our failure to promptly notify you shall not affect your obligations hereunder except to the extent that our failure to promptly notify you delays or prejudices your ability to defend the claim. At our option, you will have the right to defend against any such claim with counsel of your own choosing (subject to our written consent) and to settle such claim as you deem appropriate, provided that you shall not enter into any settlement without our prior written consent and provided that we may, at any time, elect to take over control of the defense and settlement of the claim.
8.4 An indemnified party under this Agreement shall give to the indemnifying party (i) written notice of any legal action as promptly as possible and, in any case, not later than thirty (30) days from its first knowledge thereof; (ii) sole control of the defense of any legal action; and (iii) such assistance, at the indemnifying party’s expense, as it may reasonably request to defend or settle such claim. The indemnified party shall not settle or compromise any legal action without the indemnifying party’s express written consent, not unreasonably withheld or delayed. The indemnified party’s material failure to comply with this section or any delay in notice to the indemnifying party that materially prejudices its ability to defend a legal action shall relieve the indemnifying party of its indemnification obligation under this Section.
9.1 You acknowledge that we may suffer great harm from misuse of information obtained from any of the Service Offerings and accordingly you agree to take reasonable precautions to prevent such misuse by you and your customers. We may seek injunctive or other equitable relief against the breach or threatened breach of this Agreement in addition to any other legal remedies that may be available.
9.2 By using the Services, you agree that the laws of the State of California, without regard to principles of conflicts of laws, will govern this Agreement and any dispute of any sort that might arise between you and us (including without limitation any rulings issued and remedies ordered by an arbitrator).
9.3 THE PARTIES WILL ACT IN GOOD FAITH TO RESOLVE ANY CLAIM OR DISPUTE ARISING UNDER THIS AGREEMENT. IF THE PARTIES FAIL TO RESOLVE A CLAIM OR DISPUTE, THAT CLAIM OR DISPUTE SHALL BE SUBMITTED BY EITHER PARTY TO BINDING ARBITRATION WITH JUDICIAL ARBITRATION & MEDIATION SERVICES, INC., OR ADR SERVICES, INC., UNDER THAT SERVICE’S CALIFORNIA RULES AND PROCEDURES OF ARBITRATION THEN IN EFFECT. NO TRIAL DE NOVO OR APPEAL WILL BE AVAILABLE FOR ANY CLAIM OR DISPUTE SUBMITTED TO BINDING ARBITRATION AND CONFIRMED BY A COURT OF COMPETENT JURISDICTION, EXCEPT AS TO MATTERS OF LAW. JURISDICTION WILL BE WITH THE COURTS OF THE STATE OF CALIFORNIA WITH VENUE EXCLUSIVELY IN THE CITY AND COUNTY OF SANTA BARBARA, AND THE PARTIES WAIVE ANY OBJECTION TO PERSONAL JURISDICTION, VENUE OR FORUM NON CONVENIENS. NOTWITHSTANDING THE ABOVE, ANY INJUNCTIVE RELIEF MAY BE OBTAINED IN ANY COURT HAVING JURISDICTION.
9.3.1 THIS AGREEMENT DOES NOT ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE ARBITRATOR SHALL AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT. 9.3.2 IF EITHER YOU OR SERVICE OBJECTS INTENDS TO SEEK ARBITRATION UNDER THIS AGREEMENT, THE PARTY SEEKING ARBITRATION MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST 30 DAYS IN ADVANCE OF INITIATING THE ARBITRATION. NOTICE TO SERVICE OBJECTS SHOULD BE SENT AS REQUIRED BY THIS AGREEMENT. THE NOTICE MUST DESCRIBE THE NATURE OF THE CLAIM AND THE RELIEF BEING SOUGHT. IF YOU AND SERVICE OBJECTS ARE UNABLE TO RESOLVE THE DISPUTE WITHIN 30 DAYS, EITHER PARTY MAY THEN PROCEED TO FILE A CLAIM FOR ARBITRATION. 9.3.3 AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY TO THAT SPECIFIC CASE; IT CAN’T BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.
10.1 All notices made by us under this Agreement for you or your account specifically (e.g., notices of breach and/or suspension) will be provided to you via a notification message displayed on your account page or via the email address provided to us in your account registration or in any updated email address you provide to us in accordance with standard account information update procedures we may provide from time to time. It is your responsibility to keep your email address current and you will be deemed to have received any email sent to any such email address, upon our sending of the email, whether or not you actually receive the email.
10.2 For notices made by you to us under this Agreement and for questions regarding this Agreement or any of the Service Offerings, you may contact Service Objects as follows:
by US Postal Mail at
Service Objects, Inc. 136 West Canon Perdido St, Ste D Santa Barbara, CA 93101-8207or by email at firstname.lastname@example.org.
11.1 If you authorize, assist, encourage or facilitate another person or entity to take any action related to the subject matter of this Agreement, you shall be deemed to have taken the action yourself.
11.2 To the extent that all or any part of this Agreement is found to be unenforceable, the terms may be reformed and augmented so that all the terms found to be enforceable may be enforced against the applicable party. If any provision of this Agreement or its application to any person or circumstance is determined, to any extent, to be invalid or unenforceable and not amenable to reformation, that provision will be severed from the Agreement, and the remainder of this Agreement or the application of the provision to other persons or circumstances will remain valid and enforceable to the fullest extent permitted by law.
11.3 The failure by us to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision nor in any way affect our right to enforce such provision thereafter. All waivers by us must be in writing to be effective.
11.4 This Agreement will be binding upon, and inure to the benefit of, the parties and their respective heirs, executors, administrators, representatives, successors and assigns.
11.6 You and Service Objects hereby agree to opt out from and expressly exclude any applicability of the Uniform Information Transactions Act (UCITA). Services, content, and product derived or obtained from any of the Service Offerings may be subject to the U.S. 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 U.S. or your local laws; (b) not use any services, content, or direct product from any of the Service Offerings to design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide services, content, or direct product from any of the Service Offerings to prohibited countries and entities identified in the U.S. export regulations.
11.7 Nothing in this Agreement shall be construed as creating a partnership, contract of employment, agency, joint venture or franchise relationship between Service Objects and you.
11.8 Except as otherwise expressly provided in the Terms, there are no third-party beneficiaries to this Agreement.
11.9 For any use of DOTS BIN Validation Service, you represent and warrant that at the time of accessing and using that service: (i) all credit card information provided by you to the Service shall be lawfully obtained by you based on a consumer-initiated transaction; (ii) you have an existing Merchant Processing Credit Card account; (iii) your business has a demonstrable financial history; and (iv) your business is duly authorized to operate in the jurisdiction(s) where you operate within the United States or Canada.
11.10 For any use of DOTS NCOA Live, (i) you represent and warrant that you shall provide a minimum of 100 unique names and addresses on each mailing list for NCOALink processing for acceptance, handling and delivery by the USPS; (ii) you represent and warrant that you shall provide upon first use of the service a NCOALink Processing Acknowledgement Form (“PAF”); and (iii) you agree to submit an updated PAF at least once every twelve (12) months thereafter. Last Updated: August 31, 2020