Terms and Conditions
These Terms and Conditions (“Agreement“) are a legally binding agreement between the user (“User” or “you“) of the eComEveryday Services and Applicable eComEveryday Company
(“eComEveryday“, “eComEveryday“, “we” or “us“) as described herein.
Please make sure you fully understand the contents of this
Agreement. If you have any doubts about any of your rights and
obligations resulting from your acceptance of this Agreement, please
consult us or obtain legal support.
eComEveryday does not guarantee, or assume responsibility for any
product or content advertised by a third party. Before endorsing the
suggested products by eComEveryday, one must do in-depth research and
check if the product has copyright, property, or privacy right.
This Agreement includes and hereby incorporates by reference the
API Terms of Use, as such agreement may be in effect and modified by
eComEveryday from time to time.
IF YOU DO NOT AGREE WITH ANY PROVISION OF THIS AGREEMENT, YOU MAY
NEITHER CONTINUE WITH THE PROCESS OF REGISTRATION NOR FURTHER USE
THE SERVICES.
SERVICES
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Definition:
The “Services” consist of a suite of online marketing and
management tools for search engine optimization (“SEO“), social media and digital marketing located at https://www.ecomeveryday.com/
(the “Website“), which includes tools for research and analysis, link building,
campaign management, automated tracking of search engine
performance, analytics and conversion tracking and SEO reports,
instruments for content and contact management. Among other
things, the Services enable Users to (a) conduct
internet-advertising campaigns, (b) obtain information related to
their ongoing advertising campaigns, (c) generate reports and
analytics on web pages or advertising campaigns, and (d) access an
extensive array of resources, including but not limited to, an
online platform and its application programming interface (“API“).
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Changes: We reserve the right to change the terms or specifications of any
Services in our discretion, with or without prior written notice
to the Users, by replacement of text of this Agreement or
description of paid subscription plans on the Website or by
written notice to you. Any changes will take effect immediately
unless otherwise stated in the notice of change. If any amendment
is unacceptable to you, your only recourse is to terminate
relations with eComEveryday. Your continued use of the Services
following our notice of change will constitute a binding
acceptance of the Agreement, as amended.
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Additional Services:
Unless explicitly stated otherwise, any new features that augment
or enhance the currently offered Services, including the release
of new eComEveryday services, shall be subject to this
Agreement.
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Right to Use Services: eComEveryday hereby grants you permission to use the Services and
the Website solely as set forth in this Agreement and in the
manner set forth on the Website. In the event of any conflict
between the terms of this Agreement and the Website, the terms of
this Agreement shall prevail. Any use of the Services other than
as set forth in this Agreement or in violation of any term of this
Agreement will result in suspension or revocation of your use
privileges in our sole discretion.
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Suspension or Termination of Services:
Notwithstanding anything stated or implied to the contrary in this
Agreement, we may at any time, without derogating from our other
rights under this Agreement, applicable law or otherwise, suspend
or terminate any or all of the Services, effective immediately
upon issuance of a written notice. Such suspension or termination
may also apply, as the case may be, to specific jurisdictions,
lines of business and otherwise or to a specific customer or a
group of Users. Notwithstanding the foregoing, solely with respect
to Users of paid Services, whenever reasonably possible, such
Users may be given up to thirty (30) days after notice of
suspension or termination of their User account to back-up the
data stored in their account before it may be removed entirely
from our servers.
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Third Party Services:
We reserve the right to use third party service providers in the
provisions of all or part of the Services including, but not
limited to, hosting providers, payment processing services,
information and communication services, analytics services,
internet advertising platforms, advertising service providers and
platforms. Where any of the aforementioned services are provided
by third parties, the User may be subject to such third party’s
terms and conditions. We accept no responsibility for services
provided by any third party.
REGISTRATION AND ACCOUNT
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Use of the Services:
You may use the Services either as a registered or as an
unregistered User. However, you may not use the Services, either
as a registered or unregistered User if you are not of legal age
to enter into a contract in your jurisdiction or if do not have
the authority to accept this Agreement. If you are under 18,
please do not attempt to register for the Services or send any
information about yourself to us, including your name, address,
telephone number, or email address. If we learn that we have
collected personal information from anyone under age 18 without
verification of parental consent, we will delete that information
as quickly as possible. Registering as a User may provide you with
the following additional benefits over using the Services in a
visitor (non-registered) capacity: tracking marketing campaigns
and seeing requests history, keeping your preferences and other
settings, etc.
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Acceptance:
By using the Services, you accept the terms of this Agreement and
you fully authorize us to obtain, process, store, use and transmit
your personal data in accordance with our Privacy Policy, which
forms an integral part of this Agreement.
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User Representations:
By using the Services, you represent and warrant that (a) all
registration information you submit is truthful and accurate; (b)
you will maintain the accuracy of such information; (c) you are at
least 18 years of age and have the capacity and authority to enter
into this Agreement; and (d) your use of the Services does not
violate any applicable law or regulation.
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Registration; Billing:
To register as a User, you have to create a user account on the
Website by following registration procedures and instructions set
forth therein. There is no cost to create a eComEveryday User
account. However, in order to access certain paid features of the
Services, you will be required to provide billing details. As a
registered User, you agree to notify us promptly of any changes to
your billing details.
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Login, Password and API Key:
You are solely and fully responsible for the maintenance of all of
your eComEveryday user accounts, including, but not limited to,
your User login, password and API key. The API key is a form of
access token provided by eComEveryday, and can only be affiliated
with one User account (the “API Key”). You agree not to share your
API Key with any third parties.
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User Responsibilities:
You are responsible for all of the following with respect to your
use of the Services:
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maintaining the security of your User account and all the
activity that occurs on your User account;
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maintaining accurate account information at all times,
including a valid email address and billing information and
updating such information as necessary;
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obtaining access to the Services, and that access may involve
third-party fees (such as Internet service provider or airtime
charges); and
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obtaining and maintaining all equipment necessary to access
the Services.
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Prohibited Uses:
You are expressly prohibited from using the Services in any of the
following ways or for any of the following purposes:
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No Illegal Purpose:
You may not use the Services for any illegal or unauthorized
purpose, including in any way that violates copyright or other
applicable laws.
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No Tampering: You may not use the Services in a way that is detrimental to
the operation of the Services or the access or use of the
Services by anyone else. You will not upload or transmit
viruses, worms or any other destructive code. The restrictions
in this Section applies to any use that interferes or attempts
to interfere with the normal operations of the Services,
including by hacking, deleting, augmenting or altering the
Services.
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Permission Required:
You may not, without our prior written permission and, solely
with respect to lease, resale and sublicense, except as may be
specifically allowed under your paid subscription plan, (i)
copy, distribute (including by framing any of the Services on
any website), modify, enhance, translate, reproduce, sell,
resell, sublicense, rent, lease, or otherwise attempt to
exploit the Services or any data resulting therefrom; (ii)
decompile, disassemble, reverse engineer, or otherwise attempt
to discover the source code; (iii) make derivative works of
the Services; (iv) remove, obscure, or alter any copyright
notice, trademarks, or other proprietary rights notices
affixed to or contained within or accessed in conjunction with
or through the Website or Services; (v) modify another website
so as to falsely imply that it is associated with the
Services, eComEveryday or any other eComEveryday products or
services; or (vi) make the Website or the Services or any part
thereof available to others in a service undertaking or
outsourcing arrangement or for any other commercial
time-sharing, data processing or other third party use.
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Inquiries: You agree not to forward (i) more than 10 inquiries per 1
second from one unique IP address, (ii) more than 10
simultaneous inquiries from 1 User, or (iii) more than 2
simultaneous export inquiries.
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Automatic Inquiries: All automatic inquiries are prohibited.
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Special Access and Testing: If you are invited or clearly provided with access to beta
testing new tools and resources, which are not made available to
our users broadly (“closed beta”), you should not rely on, nor
expect, the continued availability of these new tools and
resources. Any such access to beta test new tools and resources,
if any, is conditioned upon your agreement not to disclose any
information about these new tools and resources or your experience
with using them to third parties.
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Assignment: A User may not assign, transfer, exchange, pool or barter any of
its rights or obligations under this Agreement or the User
account, unless expressly permitted by eComEveryday in writing.
Any violation of the foregoing restrictions is grounds for
immediate User account termination. For changes in access under
corporate subscriptions to the Services we may require from you a
detailed explanation of changes in your circumstances, along with
confirmation of employment and other reasonable information and
relevant documents.
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De-Registration:
You may delete your User account at any time. Note that doing so
will delete all your data and information stored on eComEveryday
servers and eComEveryday will bear no responsibility for such loss
of data or information. All Service fees incurred prior to
de-registration will be due and owing, until paid in full, such
de-registration notwithstanding.
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Termination by eComEveryday:
eComEveryday reserves the right to terminate any User account for
abusive or fraudulent activity, for failure to comply with this
Agreement, or for any other reason in its sole discretion.
FEES AND SETTLEMENT
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Service Fees: With respect to paid Services, User will be charged the fees set
forth in the relevant section on the eComEveryday Website located
at https://www.ecomeveryday.com or as otherwise offered on the Website for a particular
subscription plan (the “Fees“). The Fees, unless explicitly shown during the process of
purchasing a subscription plan and following confirmation thereof,
are exclusive of value added tax and any additional or other
taxes, charges or duties which may be imposed in connection with
any and all payments made or due hereunder and shall, if
applicable, be borne, respectively registered and duly declared by
User.
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Promotional Giveaways: From time to time we may offer promotional giveaways of the
Services, subject to the specific rules that we will announce at
the time of any such promotional giveaway. Users shall bear sole
responsibility for any and all income tax consequences that may
result from their winning any such giveaway. Further, solely to
the extent required by applicable laws, Users agree to submit to
us duly completed tax forms, to enable us to make all required
filings with tax authorities.
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Change in Fees:
We may change the Fees and/or introduce new charges in addition to
the Fees in our sole discretion upon thirty (30) days’ prior
written notice to the User. Notwithstanding the foregoing, we may
increase the Fees, immediately and with contemporaneous notice, in
the event of (a) any change in the services or fees of our third
party service providers; (b) changes in the Services which are
made at your request; or (c) delays and/or other issues due to
User failure to fulfill User obligations or due to User request to
delay work for any reason.
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Payment:
Any Fees shall be prepaid one month or one year in advance, or as
otherwise offered on the Website for a particular subscription
plan, at the option of the User by credit card or other payment
method accepted on the Website. All prepaid amounts and Service
plans will be reflected in the User account. Any bank fees and
charges shall be borne solely by User.
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Refund policy:
We provide paid Services on a prepaid basis. Users may discontinue
their use of any Services at any time in accordance with
instructions posted on the Website. The date and time of any
cancelation of paid Services shall be the date and time on which
the User completes the full cancelation process. The Fees for the
Services may be refundable in whole or in part as set forth
herein: https://www.ecomeveryday.com/refund-policy/.
Repeated registrations or/and subscriptions for paid Services and
cancellations, followed by requests for refunds, by a User may, in
our sole discretion, be deemed to be in bad faith, and we reserve
the right to withhold Service to any such offending User and refuse
any refund otherwise available to such User.
OWNERSHIP AND INTELLECTUAL PROPERTY; USE OF TRADEMARKS
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All Rights Reserved:
User acknowledges and agrees that all rights, title, and interest
in, any and all intellectual property rights of all types or
nature whatsoever, including, without limitation, patent,
copyright, trademark, database rights as well as moral rights,
know-how and trade secrets (and any licenses in connection with
any of the same), whether or not registered or capable of
registration, and whether subsisting in any specific country or
countries or any other part of the world, in the Services, the
platform used to provide the Services (technology, hardware,
software, etc.), any code or software (SDK, API, etc.) which may
be provided to User or for User’s use under this Agreement and any
work products created and/or delivered herein and related
documentation (forming the eComEveryday Website and Services) are
and will remain solely and exclusively our property and/or the
property of eComEveryday, eComEveryday licensors or affiliates.
User is granted no title or ownership rights in the eComEveryday
Website or Service. User’s right to use the Website, Services and
any part thereof is strictly limited to the provisions of this
Agreement and we reserve all rights not expressly granted
herein.
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User’s Marks: User hereby grants us a worldwide, non-exclusive, unlimited and
royalty-free license to use User’s brands, names, logos,
trademarks, trade names and service marks as used by User for
informational and advertising purposes only.
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Feedback: Users are under no obligation to give eComEveryday any ideas,
suggestions, comments or other feedback related to the Website,
the Services, or the business or operations of eComEveryday. If
any User shares ideas, suggestions, comments, or other feedback
with eComEveryday, eComEveryday will own such idea, suggestion,
comment or feedback. User hereby assigns all of User’s right,
title, and interest in such an idea, suggestion, comment, or
feedback to eComEveryday and agrees that eComEveryday will be free
to use and implement same, without restriction or obligation of
any kind, without, however, any obligation to do so.
TERMINATION
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Termination Right:
Either party may terminate this Agreement at any time in its sole
discretion with written notice to the other if terminated by
eComEveryday, which notice shall be at least 30 days prior to the
termination date if to a User of paid Services.
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Effect of Termination: Upon termination of this Agreement, all rights of the affected
User with respect to the use of the Website or Services shall
terminate immediately.
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Survival:
Upon any termination of this Agreement for any reason, all
provisions regarding indemnification, warranty, liability and
limits thereon, and confidentiality and protection of proprietary
rights and trade secrets, and any provisions which expressly or by
their nature are required to survive such termination in order to
achieve their purpose, shall so survive until it shall no longer
be necessary for them to survive in order to achieve their
purpose.
WARRANTY DISCLAIMER & LIMITATION OF LIABILITY
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Disclaimer: EXCEPT WHERE PROHIBITED BY LAW, THE SERVICES AND THE WEBSITE ARE
PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ANY
WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR
NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES OR THE
WEBSITE (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON
AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL
BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE,
COMPLETE, LEGAL, OR SAFE. WE FURTHER MAKE NO WARRANTIES OR
REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE
CONTENT ON ANY SITES LINKED TO ON THE WEBSITE.
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Limitation of Liability:
In no event shall eComEveryday, its officers, directors,
employees, or agents, be liable to you or to any third party for
any direct, indirect, incidental, special, punitive, or
consequential damages whatsoever arising from or related to either
this Agreement, or use of the Services or the Website. Our
liability to you for any damages arising from or related to this
Agreement, will at all times be limited to the greater of (a)
fifty dollars ($50) or (b) amounts you have paid to us in the
prior 12 months (if any). The existence of more than one claim
will not enlarge this limit. The foregoing limitation of liability
shall apply to the fullest extent permitted by law in the
applicable jurisdiction.
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Third Party Products and Services:
eComEveryday does not warrant, endorse, guarantee, or assume
responsibility for any product or service advertised or offered by
a third party through the Website or any hyperlinked website or
featured in any banner or other advertising, and eComEveryday will
not be a party to or in any way be responsible for monitoring any
transaction between you and third-party providers of products or
services.
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Other Jurisdictions:
We make no representations that the Services or the Website are
appropriate or available for use in all locations. Those who
access or use the Services or the Website from jurisdictions
prohibiting such use, do so at their own volition and are
responsible for compliance with local law.
INDEMNITY
You agree to defend, indemnify and hold harmless eComEveryday and
its officers, directors, employees and agents, 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: (a) your use of and access to the Services and the
Website; (b) your violation of any term of this Agreement; or (c)
your violation of any third party rights, including without
limitation any copyright, property, or privacy right. This defense
and indemnification obligation will survive the termination of this
Agreement and your use of the Services and the Website.
EXPORT RESTRICTIONS
Exports, re-exports, and transfers of eComEveryday products and
services, including technology, software, software source code,
technical data, related technology, and the direct products thereof,
including the Website content and the Services (the “eComEveryday Items“) are subject to US export controls and sanctions, the most
important of which are administered by the Commerce Department’s
Bureau of Industry and Security (“BIS“) under its Export Administration Regulations (“EAR“), the Treasury Department’s Office of Foreign Assets Controls
(“OFAC“) under its Foreign Assets Control Regulations, and other
applicable export control laws and regulations of non-U.S.
government agencies. You may not access, download, distribute, use,
export, or re-export the eComEveryday Items in violation of United
States export laws or regulations, or in violation of any other
applicable laws or regulations. You agree to comply with all export
laws and restrictions and regulations of any United States or
foreign agency or authority, and not to directly or indirectly
provide or otherwise make available the eComEveryday items in
violation of any such restrictions, laws or regulations, or without
all necessary approvals, including, without limitation, for the
development, design, manufacture or production of nuclear, chemical
or biological weapons of mass destruction nor will you use the
eComEveryday Items for a military end-use or a military end-user in
China, Russia or any other country designated in EAR Supplement No.
1 to Part 740, Country Group D1. The eComEveryday Items may not be
downloaded or otherwise provided or made available, either directly
or indirectly, (i) into Iran, Libya, North Korea, Sudan, Myanmar,
Syria or any other country subject to U.S. trade sanctions, to
individuals or entities controlled by such countries, or to
nationals or residents of such countries other than nationals who
are lawfully admitted permanent residents of countries not subject
to such sanctions; or (ii) to anyone on the U.S. Treasury
Department’s list of Specially Designated Nationals and Blocked
Persons or the U.S. Commerce Department’s Table of Denial Orders. By
agreeing to this Agreement, you agree to the foregoing and represent
and warrant that you are not located in, under the control of, or a
national or resident of any such country or on any such list and
that you will not share the eComEveryday Items with anyone whose
status is described in items (i) and (ii) above.
GENERAL PROVISIONS
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Assignment: This Agreement, any part thereof or any rights or obligations
under it may not be novated, assigned, outsourced or transferred
by you without our advance written consent, but may be assigned by
us without restriction or limitations. Any assignment or transfer
in violation of the aforementioned provisions shall be deemed null
and void. Subject to the forgoing, the provisions of this
Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective successors and assigns.
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Force Majeure:
We shall not be liable for failing or delaying performance of our
obligations resulting from any condition beyond our reasonable
control, including but not limited to, use of third parties’
equipment or services, communications failure, governmental
action, war, acts of terrorism, earthquake, fire, flood or other
acts of God, labor conditions, power failures, and Internet
disturbances.
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Electronic Notice: You agree to receive communications from us in an electronic
form. Electronic notices will be delivered to your email address,
which you used for registration purposes, as it may be
subsequently changed by you by written notice to us. All
communications in electronic format will be considered to be “in
writing” and to have been received on the day that we send them.
We reserve the right, but assume no obligation, to provide
communications in paper format.
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Entire Agreement:
This Agreement, together with the Privacy Policy, shall constitute
the entire agreement between you and eComEveryday concerning your
use of the Website and the Services. However, terms and conditions
of some other eComEveryday services and products, like our Blog,
affiliate program Clickbank, our Webinars and other, may impose
additional terms, which can be found in the terms and conditions
for such services and products.
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Languages:
This Agreement is in the English language, which prevails over any
translations of it to other languages, made by us and provided to
you for your convenience, as applicable. The Service is designed
in the English language and its translations into other languages
may contain inaccuracies for which we shall not bear any
responsibility; we suggest using the English version and resorting
to versions in other languages only for references and at your own
risk. You also agree to have all communications with us in
English.
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No Waiver:
No failure or delay by a party to exercise any right or remedy
provided under this Agreement or by law shall constitute a waiver
of that (or any other) right or remedy, nor preclude or restrict
its further exercise. No single or partial exercise of such right
or remedy shall preclude or restrict the further exercise of that
(or any other) right or remedy; and will not be construed as a
waiver of any subsequent breach or default under the same or any
other provision of this Agreement.
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Severability: All the provisions of this Agreement are distinct and severable.
If any provision of this Agreement (or part of any provision) is
found by any court or other authority of competent jurisdiction to
be invalid, unenforceable or illegal, this shall not impair the
operation of this Agreement or affect the other provisions which
are valid.
PRIVACY
Use of the Services is also governed by our Privacy Policy, the
provisions of which are adopted herein by reference so when we refer
to this Agreement we also refer to the Privacy Policy.
CONTACTS
We are always available to be reached by e-mail at [email protected].
Last updated: January 21, 2019