Terms of Service

Terms of Service
www.izmoweb.com

Welcome to www.izmoweb.com (the "Site”). This Site helps you to create and manage websites and is provided to you, or the entity you represent, upon these Terms of Service (the "Agreement”). When we use the terms "you” or "your”, we are referring to the individual using the Site as well as the business that the individual is representing.

This Site is designed to help you create and manage websites for your clients ("Customers”) by allowing you access to software, graphics, designs, audio, video, photographs, images and other materials, and works created from these materials, that are publicly posted or sent privately through the Site. Additionally, we also offer hosting services, messaging tools and forums and other content (collectively, all content on the Site is referred to as the "Services”) that allow you to better serve Your Customers.

Your use of the Services is subject to the terms of this Agreement between you and izmo, Inc. ("Company” or "we” or "us” or "our”), the owner of the Site. To use the Services, You must first agree to the terms of this Agreement. You acknowledge your acceptance of this Agreement, our Privacy Policy and any other terms posted on the Site by either clicking to accept or agree, where this option is made available to you, or by actually signing up for and/or using the Services.

We may amend this Agreement at any time. You may reject the changes by simply not using the Services or terminating your account, if applicable.

Should you have any questions or concerns about this Agreement or would like to simply better understand this Agreement or how our Company does things, please do not hesitate to contact us.

1. Your Use of the Site and the Services

You may be required to subscribe to use the Services. Through the subscription process, you will be asked to provide information about yourself (such as name, address, email address and other contact details) as well as other basic information about your business and the name under which you do business, if applicable. You may also be required to provide login and password information for accounts you may have with third parties. You agree that any information you give to us will always be accurate, correct and up to date. You agree that you have read all necessary documents and have all legal rights necessary to grant us access to any other accounts you provide us login information for.Any information you provide may be shared with third parties for verification purposes. You cannot use the Services to impersonate another person or business. We may reject any potential subscription for any reason at our sole discretion. We will provide you with one subscription ID for each account you hold. You will use your subscription ID to access your account and use the Services. You must safeguard your subscription ID and not share it with anyone or allow others to access your account. You are responsible for any and all activities undertaken by anyone using your subscription ID.

You represent that You are of legal age to form a binding contract. You must be at least 18 years old to be eligible to subscribe. You represent and warrant that you are authorized to act on behalf of the business that you are representing in subscribing to the Services. This includes, without limitation, having the authority to authorize the method of payment and charges incurred to participate in the Services. Individuals under the age of 13 are prohibited from using the Services.

You must be located in the United States or a country that is not embargoed by the United States or is on the United States Treasury’s list of Specially Designated Nationals. Your country of residence must be the same as your billing address. You will not use the Services to conduct any unlawful activity or in violation of any laws, rules, statutes or codes.

2. Content That You Own

You, or Your Customers, may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, "Your Content"). Your Content includes any content posted by you or by users of any of your websites hosted through the Services ("Customer Websites"). You are solely responsible for any and all of Your Content and any transactions or other activities conducted on or through Customer Websites. By posting or distributing Your Content on or through the Services, you represent and warrant to us that you have all the necessary rights to post or distribute Your Content and the Customer Websites, and your posting or distribution of Your Content and the Customer Websites does not infringe or violate the rights of any third party.

You hereby grant to us a non-exclusive, royalty-free, worldwide right and license to use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute Your Content and Customer Websites in the performance of the Services. You specifically agree that we have no responsibility for Your Content or the content of any information on Customer Websites. You acknowledge and agree that we may, but are not obligated to, immediately take any corrective action in our sole discretion, including, without limitation, removal of all or a portion of Your Content or Customer Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement.

YOU ARE SOLELY RESPONSIBLE FOR THE ALL OF YOUR CONTENT INCLUDING, WITHOUT LIMITATION, THE CONTENT WITHIN YOUR WEBSITE AND CUSTOMERS WEBSITE; THIS INCLUDES PRICING AND SALES TAX CALCULATIONS, DESCRIPTIONS, SHIPPING CHARGES AND OTHER FEES, CONTACT INFORMATION, EMAIL COMMUNICATIONS, AND PAYMENT PROCESSING. WE ARE NOT RESPONSIBLE FOR INACCURATE INFORMATION OR ANY POTENTIAL DAMAGES CAUSED BY SUCH INACCURACIES. YOU UNDERSTAND THAT WE MAY NOT MAINTAIN COPIES OF FILES OR DOCUMENTS THAT ARE SENT BY YOU AND THAT YOU ARE SOLELY RESPONSIBLE FOR BACKING UP ALL DATA.

We may, but are not obligated to, review the Site or Customer Websites. We, using our sole discretion, may refuse to post, remove, or require to be removed, any posting that we deem unacceptable for any reason. We may also, in our sole discretion, require you to place certain content on password protected pages. You may not take any action to limit the effectiveness of any password protected pages.

3. Content That We Own

Except for Your Content, all content available through the Services, including, without limitation, designs, text, graphics, images, video, information, software, logos, audio and other files, and their selection and arrangement, and all software used to provide the Services is referred to as "Company Content” and is our proprietary property or our licensors. You are hereby granted a limited, non-transferable, non-exclusive, revocable license to use the Company Content under Your provided subscription ID solely to the extent necessary to access and use the Services in accordance with the terms of this Agreement. Company Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from Company Content. Any use of Company Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any Company Content. All rights to use Company Content that are not expressly granted in this Agreement are reserved by us.

4. Your Obligations

You will not list us or use our logo in any marketing or promotional materials or imply or state in any way that you are affiliated with us or that we endorses you or any of Your Customer Websites.

You will not promote, or allow others to promote, Customer Websites through messages that violate the CAN/SPAM Act or any other laws, rules or regulations.

You will not access the Services through automated means or use the Services for the propagation of worms or viruses that limit the functionality of the Services. Additionally, you will not override any security measures included on the Site or take any actions that interfere, directly or indirectly, with the normal working of the Services or place an unreasonable load on our infrastructure.

Digital files are limited to 300MB or less in size and audio files must be 160MB or less. Customer Websites are limited to no more than 1,000 pages.

You agree that all messages sent through the services will correctly identify the sender and you will not alter the identification of any source of messages or posts.

Your Content may not be published if it: i) is offensive, contains inappropriate language, is hateful, abusive, threatening, profane or otherwise objectionable or illegal; or ii) breaches another person’s privacy; or iii) is reasonably likely to cause harm or considered to be slanderous or libelous.You may not post, or allow to be posted, any content designed to create an impression that you know is incorrect, misleading, or deceptive. You are responsible for all of Your Content and content of Customers Websites. You are solely responsible for complying with all applicable laws, rules and regulations.

You will not publish spam, machine or randomly generated information or is designed to drive traffic to third party sites or otherwise manipulate search engine rankings or further unlawful acts.

5. Selling Products and Services

If you or your Customers sell goods or services through the Site or Customers Websites, then we are only acting to facilitate such an arrangement and you, not Company, are responsible for all transactions that may occur. Payments made may be processed by our third party payment service provider. The terms and conditions of the third party payment service provider apply to all such transactions and we are not responsible for the actions or in-actions of the payment provider.

All products and services offered for sale must comply with all applicable laws, rules and regulations. In addition to the other restrictions in this Agreement, you may not, and shall not allow your Customers to, offer or sell :

  • Any illegal or potentially illegal products or services.
  • Products or services that violate the rights of others (including without limitation privacy right and property rights) or is otherwise slanderous or libel. This includes, without limitation, using names of third parties to promote such products or services without permission.
  • Any product or service that is offensive, pornographic, violent or sexually explicit. We may determine that a particular product or service violates this prohibition in our sole discretion and you will immediately comply with our directive if such determination is made.
  • Weapons or munitions of any kind.

We may, at any time and for any reason, remove any content that we deem, in our sole discretion, to be in violation of the terms of this Agreement. Upon our request, you agree to either stop delivery of a product or issue a refund to the buyer of a product or service offered through your use of the Services.

You will work directly with Customers regarding any disputes, issues or disagreements. We are not responsible, and have no obligation, to mediate or otherwise intercede in any such disagreement. We may, but nave no obligation to, forward to you any complaints or concerns we may receive.

When selling products or services, you are responsible for determining whether sales taxes or other fees apply, calculating the correct amount of such taxes and/or fees, and collecting and remitting to the proper authorities all such taxes and fees. Except for value added tax for the European Union, we are not liable for any taxes or other fees to be paid in accordance with or related to the sale or purchase of products. Any tools that we provide and are used to estimate taxes due are for convenience and illustration purposes only.You are solely responsible for all taxes and fees of any nature associated with the Services, including any sales or other tax related to the purchase or sale of products.

6. Subscription, Packages & Pricing; Term and Termination

Information regarding the different subscription packages that are available are posted on the Site. Subscription offerings and pricing is subject to change at any time. All prices quoted are in US Dollars. State and Federal taxes, as required by law, are in addition to all prices listed. Value Added tax of the European Union is in addition to any fees posted and will be charged if applicable.

We may add new features for additional fees, or amend the fees for existing Services, at any time at our sole discretion.

The initial term is twelve months (each initial period and subsequent periods a "Term”). At the end of the initial Term, this Agreement automatically renews for a subsequent Term of the same length as the initial Term unless the Agreement is terminated as set forth below. You can elect to pay monthly or annually while placing the sales order.

You represent and warrant that you are the rightful owner of, or are authorized to use, the payment card utilized in connection with any transaction and you authorize us, and our third party service providers, to charge the credit card for all Services and store all payment information. Charges, including all applicable taxes, will be made monthly for subscription fees and any other services you may purchase. You remain solely responsible for any charges that are declined, unauthorized or otherwise are not processed including, without limitation, the cost of collecting any such fees.

We may terminate this Agreement at any time and for any reason by sending an email to the contact address provided by you notifying you of such termination. You may terminate by providing notice to us via the Site at least one day prior to the end of any billing period or, alternatively, provide written notice to us at our address at least three days prior to the end of a Term.

Upon termination for any reason, we may, but are not obligated to, delete all of your information and the data stored on our servers. We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Service, or any termination or suspension of the Services or deletion of your information or any data.You will lose access to all data upon termination and data cannot be recovered once your account is terminated and the data is deleted. Re-subscribing at a later date will NOT result in the data being restored.

7. Disclaimer

COMPANY SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SERVICES UNDER THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST SAVINGS, LOST DATA, BUSINESS INTERRUPTION OR FOR ANY DAMAGE RELATED TO THE USE OF, OR INABILITY TO USE, THE WEB SITE OR SERVICES, COMPANY CONTENT, YOUR CONTENT OR CUSTOMERS WEBSITES, REGARDLESS OF THE LEGAL THEORY UPON WHICH SUCH CLAIM IS BASED EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES . YOU HEREBY RELEASE AND HOLD HARMLESS COMPANY AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, AND THEIR OFFICERS, DIRECTORS, TRUSTEES, AFFILIATES, SUBCONTRACTORS, AGENTS AND EMPLOYEES, FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF THE SERVICES, COMPANY CONTENT, SITE, YOUR CONTENT, PRODUCTS AND SERVICES OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE. TO THE EXTENT AVAILABLE, YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.

IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE SERVICES, OR THE COMPANY CONTENT, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SITE, THE SERVICES AND THE COMPANY CONTENT. UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS AFFILIATES, OR LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE, THE SERVICES, THE COMPANY CONTENT, YOUR CONTENT, THE PRODUCTS AND SERVICES OR THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE SITE, THE SERVICES, THE COMPANY CONTENT, YOUR CONTENT, THE PRODUCTS OR SERVICES OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not be applicable to you.

8. Warranty

THE SITE AND SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, COMPANY, ITS PARTNERS AND LICENSORS, DISCLAIM ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. COMPANY IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, INSTANT MESSAGING, POSTS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH THE SITE TO ANYONE.

ANY DATA, INFORMATION, CONTENT OR MATERIALS CONTAINED IN OR MADE AVAILABLE IN CONNECTION WITH THE SERVICES IS NOT INTENDED AS A SUBSTITUTE FOR, YOUR GENERAL KNOWLEDGE OT PROFESSIONAL KNOWLEDGE, EXPERTISE, SKILL AND JUDGMENT. THE SERVICES DO NOT PROVIDE TAX, LEGAL OR OTHER PROFESSIONAL ADVICE. YOU ARE RESPONSIBLE FOR OBTAINING SUCH ADVICE.

THE SERVICES AND THE COMPANY CONTENT MAY NOT BE APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS. IF YOU ARE LOCATED OUTSIDE OF THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES. NEITHER COMPANY NOR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES OF COMPANY REPRESENT OR WARRANT THAT THE SITE, ITS SERVERS THE COMPANY CONTENT OR THE SERVICES OR ANY COMMUNICATION SENT FROM THE SITE OR BY A THIRD PARTY PROVIDER, PARTNER OR AFFILIATE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THIS AGREEMENT APPLIES SOLELY TO THE SITE. ALTHOUGH COMPANY, THROUGH ITS SERVICES, HOSTS THIRD PARTY SITES, THOSE SITES HAVE CONTENT GENERATED BY THIRD PARTIES AND ARE NOT UNDER THE CONTROL OF COMPANY. COMPANY IS NOT RESPONSIBLE FOR SUCH THIRD PARTY SITES, INCLUDING WITHOUT LIMITATION, THE ACCURACY, SUFFICIENCY, RELIABILITY, COMPLETENESS OR TIMELINESS THEREOF, ANY LINK CONTAINED THEREIN, OR ANY CHANGES OR UPDATES THERETO, OR ANY GOODS OR SERVICES SOLD THEREON. YOUR ACCESS OR USE OF ANY THIRD PARTY SITE IS GOVERNED BY THE TERMS APPLICABLE TO THAT THIRD PARTY SITE. THE HOSTING OF ANY THIRD PARTY SITE BY COMPANY DOES NOT IMPLY AN ENDORSEMENT BY COMPANY OF THE THIRD PARTY SITE OR OF THE PROVIDER OF THE CONTENT OR SERVICES THEREOF.

9. Indemnity

You agree to defend, indemnify and hold harmless us and our subsidiaries, agents, managers, partners, licensors, suppliers and other affiliated companies, successors and assigns and each of their employees, contractors, agents, investors, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use (or use through your account) of and access to the Service, including Your Content or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any representation and warranty; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim for damages that arise as a result of any content that is submitted via your account; (vi) any other party's access and use of the Service with your unique username, password or other appropriate security code; or (vii) any products or services offered by you through the Site or using the Services. You agree to fully cooperate in such defense at your expense as reasonably required.Company, or the applicable person or entity you are indemnifying, may, at its election, assume the defense and control, at your cost, of any matter for which it is indemnified here under. You shall not settle any matter involving any of the indemnified parties without the consent of the applicable party.

10. Links to Other Sites

The Site may contain links to other websites that are not owned or controlled by us, as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties. We are not responsible in any way for any of those third party sites or content that is accessed through the Site or Services. Those third party sites and content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If You decide to access third party sites or to access or use any third party content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party's terms and policies, including privacy and data gathering practices of any website to which you navigate. Any reference on the Site to any third party, third party website or third party product or service shall not be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.

11. Privacy/Confidentiality/Publicity

Any questions, comments, suggestions, ideas, feedback, or other information provided by you to us is not confidential. We may use such information for any purpose including, without limitation, for any commercial or non-commercial use in our sole discretion. Such use may include, without limitation, displaying, modifying, editing, publishing, selling, transferring or otherwise using such information however we deem appropriate.

Our Privacy Policy must be agreed to by you in order to use the Site and the Services. You agree that any personal information you submit is voluntary. You should be aware that certain information you provide may reveal personal details such as gender, age, race and other information.You acknowledge and agree that all information you provide to us, however acquired by us, can be accessed stored and disclosed by us, without limitation, if we are required to do so by law or otherwise have a good faith belief that such disclosure is reasonably necessary in our sole opinion. Please read the Privacy Policy for further information.

12. Terms of Use for Your Websites

Websites that we host for you as part of the Services must have appropriate terms of use and privacy policies that you are responsible for creating.The terms for such websites must designate us as a third party beneficiary and must contain intellectual property, limitations of liability, limitations of remedy, disclaimers of warranty and indemnification provisions all for our benefit and which are at least as favorable to us as those contained in this Agreement. Additionally, such websites must have a privacy policy that contains terms that are at least as protective of a user’s privacy as those contained in this Agreement and our Privacy Policy.

You agree to indemnify and hold harmless Company and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns from and against any and all liability, loss, claim, damages, expense or cost (including but not limited to attorneys’ fees), arising from or related to the use of, access to, interaction with or reliance upon, any website that we host for you as a part of the Services. Such indemnity extends to, without limitation, the purchase, sale or other distribution of products and services.

13 Assignment

This Agreement, and any rights and licenses granted here under, may not be transferred or assigned by You without the written permission of Company.Company is free to assign this Agreement to any third party for any reason.

14. Governing Law; Consent to Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of San Francisco, California, without regard to its conflicts of laws principles.The Parties hereby irrevocably submit to the exclusive jurisdiction of the City of San Francisco, California with respect to any matter arising out of or relating to this Agreement and irrevocably waive any objection they may now or hereafter have as to the venue for any proceeding relating to this Agreement or that such location is an inconvenient forum. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules in San Francisco, California. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

15. Miscellaneous Terms

Amendments. You specifically agree that we may modify or replace this Agreement, in whole or in part, at any time. In the event of a material change, a notice will be posted on the Site that we have modified or replaced this Agreement. We may, but are not obligated to, notify you by email of such a change. We are not responsible if any email notice is not delivered to your in-box or is not read by you for any reason including, SPAM filters rejecting the email, wrong email address on file or if there are other issues that prevent the email from reaching you or being read by you. You should visit this page frequently and monitor any changes to the Agreement. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes.

We may also, in the future, offer new services and/or features through Site (including the release of new tools and resources). For the avoidance of doubt, such new features and/or services shall be subject to the terms and conditions of this Agreement.

The relationship between you and us is that of an independent contractor. This Agreement does not create a joint venture or partnership between you and us, and each will act independently of the other. Neither you nor Company are empowered to bind or commit the other to any contract or other obligation. You and Company agree that there are no third party beneficiaries to this Agreement.

If and to the extent that any provision of this Agreement is held illegal, invalid, or unenforceable in whole or in part, then the remaining portion of that provision shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of any provision shall not in any way affect the legality, validity, or enforceability of any other provision of this Agreement.

This Agreement does not, and shall not be construed to, confer any rights to any third parties. No failure or delay by us in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof, and no single or partial exercise thereof by us shall preclude any other or further exercise, or the exercise of any right, power or privilege here under. A printed version of this Agreement, and of any related notice given in electronic form, shall be admissible in any judicial or administrative proceedings that is based upon or related to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This Agreement contains the entire agreement and understanding between the Parties and merges and supersedes all representations and discussions between the parties. Any modification to, or waiver of, this Agreement must be in writing and signed by us.