These Terms of Use (these “Terms”), together with any documents referred to in them and our Privacy Policy, govern your access to and use of this website https://www.activateos.com/ (our “Site”). Our Site is provided by Sandhills Global, Inc., a Nebraska corporation with a registered address of 120 W. Harvest Drive, Lincoln, Nebraska, 68521, USA (“Sandhills,” “we,” “our,” or “us”). “(Y)ou” or “your” refers to the user accessing and using our Site, and may refer to an individual or an entity.
THESE TERMS ARE A BINDING CONTRACT BETWEEN YOU AND SANDHILLS. PLEASE READ THEM CAREFULLY. BY ACCESSING AND USING OUR SITE YOU CONFIRM YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE YOU MUST NOT ACCESS OR USE OUR SITE. WE RECOMMEND THAT YOU PRINT A COPY OF THESE TERMS FOR FUTURE REFERENCE.
These Terms do not in any way alter the terms or conditions of any other written agreement you may have with Sandhills, including but not limited to any Order Form or Master Subscription Agreement (MSA). We may revise these Terms of use periodically: please check this page from time to time as any changes will take effect immediately and will be binding on you. We may update and change our Site from time to time in order to ensure that the content on our Site is accurate. We endeavor to update our Site as soon as we receive new content but cannot make any guarantee on when these updates will be made.
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Access and Use.
Any users who choose to use our Site are acting on their own behalf and are responsible for any actions that they may take. We do not represent any users of our Site . You are solely responsible for resolving any disputes that you have with other users of our Site. However, we may, in our sole discretion, monitor or inquire about disputes or issues between users in order to protect our Site and address potential non-compliance with these Terms by a user. We are not acting as an employee, agent, representative, marketing agency, or marketing agent of any users of our Site.
While we use reasonable efforts to provide our Site to you for so long as you are compliant with these Terms, we do not guarantee that our Site will be secure, or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platforms in order to access or use our Site . You should use your own virus protection software.
You may use our Site only if you can form a binding contract with us, and are in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. Any use of our Sites by anyone under the age of majority in his/her state of residence is strictly prohibited. Any use of our Sites to contact other users for the purpose of marketing, selling or promoting any product or services or to otherwise harass other users, is strictly prohibited. Our Site is not available to any users or visitors we have previously removed or suspended or blocked from our Site. We may suspend or terminate or block your access to our Site at any time, for any reason (such as your material breach of these Terms, our reasonable belief that it is necessary to protect the safety or property of others, to prevent fraud or for risk assessment purposes) or for no reason. We reserve the right to limit your use of our Site or to block or terminate your account immediately, without notice or refund of any amounts that you may have paid to us.
By registering a user account with us and/or using, accessing, or visiting our Site , you represent and warrant that you (a) will abide by all of the terms set forth herein; (b) will not provide false, deceptive, fraudulent, fictitious, or misleading information about yourself; (c) will not post any information on our Site that is offensive, rude, disparaging, intended to deceive or delude other users/visitors, threatening, abusive, harassing, hateful, defamatory, pornographic, political, racist, or otherwise unlawful or offensive, or that does not generally pertain to the designated topic or theme; (d) will maintain the security of any user identification code and/or password associated with your account, notify us immediately if you suspect that such security has been breached, and accept all risks of authorized and unauthorized access to your account and the information you provide to us; (e) will not violate the intellectual property or privacy rights of any third party; (f) will not use our Site to contact other users for the purpose of marketing, selling or promoting any product or services ; (g) will not use our Site to harass other users of our Site ; and (h) agree and consent that all communications and phone calls that Sandhills receives, processes or forwards from, to, or between you, or other users through our telecommunications system or our Site may be recorded, transcribed, summarized, analyzed, monitored, and/or stored by Sandhills through any method or technology, including artificial intelligence tools (“AI”), for quality assurance; for providing marketing/sales leads to us, our affiliates, or third-party businesses; for providing Services to you; and compliance with these Terms.
If you register a user account or use our Site on behalf of a third party (such as another person or legal entity), then you represent and warrant that you are an authorized representative of that person or entity with the authority to bind such person or entity to these Terms, and you agree to these Terms on behalf of that person or entity.
User accounts are nontransferable. Only you may use your user account. You are liable for all activities that are undertaken using your user account. We may verify your account by collecting contact information (including, but not limited to, legal company name, street address, and employer identification number) and banking information from you, directly calling you to confirm the accuracy of your account information, and taking whatever additional steps we deem necessary. - Intellectual Property Rights. We are the owner or the licensee of all intellectual property rights to and in our Site, and in all the content and other materials published on or within our Site. Those rights are protected by copyright, trademark and other applicable laws, as well as by treaties around the world. You will not use, copy or otherwise take any action with respect to our Site or such content except as expressly permitted by these Terms. You will, likewise, respect the intellectual property rights of others in exercising the rights granted to you hereunder.
- Acceptable Usage. You may access and use our Site solely to view information and content concerning ActivateOS products for your potential subscription to such products and to login to ActivateOS products that you have subscribed to. Any use of our Site to contact other users for the purpose of marketing, selling or promoting any product or services, or to otherwise harass users, is strictly prohibited. If you copy, redistribute or resell any content made available to you through our Site, or if you use our Site to contact other users for the purpose of marketing, selling or promoting any product or services to our users, or use our Site to harass other users of our Site , your right to access and use both will cease immediately, and you must take down or destroy any content you have obtained in violation of these Terms.
- Prohibited Uses.
As part of our Site , we may provide access to data, information, and content relating to our Site, our products, and services (our “Site Information”). You must not:
- modify or alter any Site Information, content, materials or portions of our Site in any way;
- use any Site Information, illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text, or any text separately from any accompanying illustrations, photographs, video or audio sequences or any graphics;
- remove any indications of ownership from any Site Information or content which came from our Site , or claim it as your own or as that of any other entity or individual;
- use any part of our Site, Site Information, or content on our Site for any purpose not expressly provided for in Section 3 without obtaining a license to do so from us or our licensors;
- access, or attempt to access, parts of our Site that are not intended for public use (including but not limited to website administration areas);
- modify, adapt or reverse engineer any aspect of our Site or Site Information;
- conduct any web scraping, web harvesting, web data extraction, or any other data scraping of Site Information or our Site;
- use any robot, spider, scraper, data mining tool, data gathering tools, data extraction tools, or any other automated means to access our Site, or collect, copy or record our Site Information or content off our Site;
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- copy, download, distribute, transmit, reuse, report, reproduce, modify, use, create derivative works from, or publicly display any Site Information or content of our Site, including the text, images, audio, and video, for public or commercial purposes, including generating any reports or aggregating any data or content;
- extract reports from our Site Information or our Site;
- take photos, screenshots or other images of our Site Information, our Site or any content therein;
- use our Site Information or our Site in competition with us, to develop competing products or services, or otherwise to our detriment or commercial disadvantage, or to contact other users for the purpose of marketing, selling or promoting any product or services;
- use our Site Information for benchmarking or competitive analysis of our products or services;
- identify us or display any portion of our Site Information or Site on any website or service that disparages us or our products or services, or infringes any of our intellectual property or other rights;
- bypass any measures we may use to prevent or restrict access to our Site, including our robot exclusion headers;
- attempt to disrupt or interfere with the Site Information or our Site in any way or with another user’s/visitor’s use of our Site, or use the Site Information or our Site as a means of disrupting or interfering with other websites or networks;
- probe, scan or test for vulnerabilities of our Site, other websites, or any networks connected to them;
- willfully corrupt any Site Information, data, documents or content available through our Site;
- knowingly or recklessly transmit or distribute a virus into our network and computer systems;
- use our Site Information or our Site to harass other users of our Site;
- use our Site Information or our Site in a manner that suggests an unauthorized association with any of our products, Site, or brands;
- use our Site Information or our Site to send any prohibited e-mails, messages, phone calls, or broadcasts (i.e., spam, junk mail); or
- assist, encourage or permit any other person to do any of the acts described above.
- Breach of Usage. All the prohibited uses set forth in Section 4 above are forbidden regardless of the means used, including but not limited to, hacking or by the introduction of any worms, Trojan horses, viruses, unauthorized, malicious or harmful code or other harmful software. By breaching this provision, you may be committing a criminal offence. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
- Uploading or Posting Content to Our Site.
We will collect data, content and information that you provide us or that is collected by us as you use the Site (“User Content”). You hereby grant to Sandhills, and represent and warrant that you have all rights and consents necessary to grant to Sandhills, a worldwide, perpetual, irrevocable, non-exclusive, transferable, assignable, royalty-free license and all necessary permissions and/or consents required (with full right to sub-license) to use, host, store, aggregate, anonymize, reproduce, exploit, modify, edit, adapt, redistribute, import, access, review, copy, share, disclose, generate analytics and outputs from, generate reports from, preserve, extract, publish, transmit, publicly display, publicly perform, communicate, exhibit, summarize, process, translate, transcribe, distribute, participate in the transfer of, create or prepare derivative works from, make available to third-parties (for their own use, storage, reproduction, distribution and right to make available to third-parties), and alter all your User Content in any manner, mode of delivery, or media now known or developed in the future for any reason or purpose, including but not limited to, our Site, product and service development, marketing, analytics, quality assurance, fraud prevention, machine learning, artificial intelligence, training, testing, and improvement or any combination thereof. We are not responsible for any loss or damage to your User Content while it is in our possession, and you should separately maintain copies of the User Content you provide to us. We have the right to disclose your identity to any third party who is claiming that any content submitted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy. At any time, we have the right to remove any User Content you submit to our Site if, in our sole discretion, your post does not comply with these Terms.
WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY OF YOUR USER CONTENT.
OUR SITE MAY INCLUDE CONTENT UPLOADED BY OTHER USERS OF THE SITE, INCLUDING TO BULLETIN BOARDS AND CHAT ROOMS. THIS CONTENT HAS NOT BEEN REVIEWED, VERIFIED OR APPROVED BY US. THE VIEWS EXPRESSED BY OTHER USERS ON OUR SITE DO NOT REPRESENT OUR VIEWS OR VALUES. - Suggestions and Submissions. We appreciate and welcome your comments and feedback regarding our Site . If you send us comments, questions, suggestions, or ideas relating to our Site, you agree that such content is not given in confidence, that we are not obliged to keep such content secret, and that we are not obliged to respond. For more information on how we use such content please see our Privacy Policy and Cookies Policy. Please be advised that if you send us creative ideas, suggestions, inventions, or materials (“Creative Ideas”), we shall (i) own, exclusively, all now known or later discovered rights to the Creative Ideas and any creations, inventions, or derivative works resulting from the Creative Ideas; (ii) not be subject to any obligations of confidentiality and shall not be liable for any use or disclosure of any Creative Ideas; and (iii) be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
- Compliance With Laws.
You are responsible for, and agree to abide by, all local, state, federal and international laws, rules and regulations applicable to your use of our Site, and any other tools, services or products offered on our Site.
Any users located outside the United States must comply with laws, regulations, rules and regulatory orders of the United States, including the Foreign Corrupt Practices Act and the U.S. Export Control Act, in addition to applicable local laws. You may not use our Site if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government or under similar laws or regulations applicable in other jurisdictions.
Please be aware that, there may be circumstances where we are legally obligated (as we may determine in our sole discretion) to provide information relating to our Site and use of our Site in order to comply with requests from governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with such obligations in our sole discretion. - Taxes. We do not give tax advice, and nothing we say or do should be interpreted as such, including our providing you with the opportunity to learn about, and separately utilize, tax-related services or solutions (for example, automated tax compliance software).
- Financing, Shipping, Insurance and Other Services.
We may provide links on our Site to other websites operated by us, third-party providers or affiliates who provide various services or other offerings, including, without limitation, financing, shipping, and insurance services, pricing tools, and other offerings that might be of interest to you, and only for the convenience of our users. Additionally, you consent and agree that all communications and phone calls that Sandhills receives, processes or forwards from, to, or between you, other users, sellers and/or buyers through our telecommunications system, our Site or our services may be recorded, transcribed, summarized, analyzed, monitored, and/or stored by Sandhills through any method or technology, including artificial intelligence tools (“AI”), for providing marketing/sales leads to us, our affiliates, or third-party businesses who provide various services or other offerings.
In consideration for providing any such link(s) or marketing/sales leads, we may receive a fee from the third party(ies) or affiliates whose goods or services you may choose to obtain. We will not be liable for any acts or omissions of any such third-parties or affiliates, whom you use at your own discretion and risk. Your access to and use of our other websites and third-party or affiliate services and websites may be subject to the applicable terms and conditions of that respective website, third-party or affiliate. - Disclaimer; No Warranty.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OUR SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR ANY PRODUCTS OR FOR THE SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH OUR SITE, SERVICES OR ANY LINKED SITE, EVEN IF WE BECOME AWARE OF ANY ISSUES THEREWITH.
WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OUR SITE, OR ANY MATERIALS OR CONTENT CONTAINED THEREIN, WILL BE ACCURATE, COMPLETE, UP-TO-DATE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE OR SERVERS THAT MAKE SUCH SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION, PHONE CALL, OR COMMUNICATIONS TO AND FROM OUR SITE IS NOT CONFIDENTIAL AND YOUR PHONE CALLS, COMMUNICATIONS OR CONTRIBUTED CONTENT MAY BE READ, RECORDED, TRANSCRIBED, SUMMARIZED, ANALYZED, MONITORED, TRANSFERRED, FORWARDED, STORED, OR INTERCEPTED BY OTHERS OR BY US THROUGH ANY METHOD OR TECHNOLOGY, INCLUDING ARTIFICIAL INTELLIGENCE TOOLS (“AI”). YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING PHONE CALLS, COMMUNICATIONS OR CONTENT TO US OR BY OR THOURGH OUR SITE OR SERVICES AND/OR BY POSTING INFORMATION ON OUR SITES, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER OF OUR SITE. - Indemnification. You will indemnify, defend, and hold harmless Sandhills, its subsidiaries, affiliates, and each of their respective officers, directors, employees, agents, successors, and assigns (the “Indemnified Parties”) from and against any claim or demand (including reasonable attorneys’ and experts’ fees and costs), made by any third party due to or arising out of (i) your breach of these Terms; (ii) your improper use of our Site; or (iii) your violation of any law or rights of a third party, including related to any User Content you provide or post. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without our written consent. While some jurisdictions may limit your liability hereunder, this indemnity shall apply to the fullest extent permissible by applicable law.
- Release. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF OUR SITE, INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY VISITOR TO THE SITE OR THE PROVIDER OF ANY THIRD PARTY WEBSITE OR APPLICATION THAT MAY BE LINKED TO OR FROM OUR SITE, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE INDEMNIFIED PARTIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE.
- California Notice. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
- Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, ANTICIPATED PROFITS, BUSINESS OR SALES, ANY LOSS OF GOODWILL OR REPUTATION, OR THE COSTS OF SUBSTITUTE GOODS OR SERVICES, EVEN IF THE INDEMNIFIED PARTIES, OR AN AUTHORIZED REPRESENTATIVE THEREOF, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR SITE; (B) THESE TERMS; (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY; (D) YOUR, OR ANY THIRD-PARTY’S USE OF OUR SITE, OR THE SERVICES ANY THIRD PARTY PROVIDES, RELATED TO THE BUSINESS WE OPERATE; (E) ANY USER INFORMATION OR USER-CONTRIBUTED CONTENT; (F) ANY INTERACTION BETWEEN OUR SITE AND ANY THIRD PARTY SITE; AND (G) ANY ACTUAL OR ATTEMPTED COMMUNICATION, PHONE CALL, OR TRANSACTION, INCLUDING WITHOUT LIMITATION, ANY PAYMENT OR PURCHASE TRANSACTION (EVEN IF WE OR ANY THIRD PARTY RECEIVES A FEE IN CONNECTION THEREWITH) BETWEEN USERS OF OUR SITE.
IN NO EVENT SHALL THE TOTAL LIABILITY OF THE INDEMNIFIED PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) ARISING FROM THESE TERMS, OR YOUR USE OF OUR SITE EXCEED, IN THE AGGREGATE, ONE THOUSAND DOLLARS ($1,000.00). - Phone Call and Communication Recording and Monitoring.
You consent and agree that all communications and phone calls that Sandhills receives, processes or forwards from, to, or between you and other users through our telecommunications system or our Site may be recorded, transcribed, summarized, analyzed, monitored, and/or stored for quality assurance; for providing marketing/sales leads to us, our affiliates, or third-party businesses; for providing Services to you; and compliance with these Terms.
The laws regarding the notice and notification requirements to record individual conversations and/or upload recorded conversations vary by location. If You are using Sandhills Services to record, monitor and/or transcribe telephone calls (the “Call Stats Tools”) in connection with Your business, You: (i) acknowledge and agree that You are solely responsible for providing any notices to, and obtaining consent from, individuals in connection with any recordings as required by applicable law including, without limitation, Your employees, agents, contractors or other users (collectively, “Your Users”)); (ii) acknowledge and agree You are solely responsible for managing the settings and Your use of the Call Stats Tools, including whether to include a “recorded telephone call” notification for calls received by You or Your Users; (iii) hereby represent and warrant that Your setting selections and use of such Call Stats Tools by You or Your Users comply with all applicable law; (iv) acknowledge and agree You are solely responsible for Your use of all recordings and transcripts of recordings; and (v) represent and warrant that You have obtained all required and appropriate consents and permissions from Your Users to be recorded, monitored and/or transcribed by or through the Call Stats Tools.
You further agree to indemnify, defend, and hold harmless Sandhills, its subsidiaries, affiliates, and each of their respective officers, directors, employees, agents, successors, and assigns from and against any claim or demand (including reasonable attorneys’ and experts’ fees and costs), made by any third party due to or arising out of Your use of call recordings, call transcripts, call summaries, call data, and the Call Stats Tools in any manner. - General.
- Governing Law. These Terms are governed by and construed in accordance with the laws of the State of Nebraska, without regard to its conflict of law provisions. You irrevocably agree to the exclusive jurisdiction of the courts of Lancaster County, Nebraska, USA for any dispute arising out of these Terms.
- Translations. For all purposes, the English language version of these Terms shall be the original, governing instrument and understanding of the parties. In the event of any conflict between the English language version of these Terms and any subsequent translation into any other language, the English language version shall govern and control.
- Amendments. We may modify, add, or remove any portion of these Terms (including any documents incorporated herein), from time to time, in our sole discretion, with or without notice to you, by posting such change on our Site. Once posted, such changes shall come into full force and effect.
- Entire Terms. The introductory paragraph, and any documents that are linked to or referenced in these Terms, with the exception of Order Forms and the MSA, are hereby incorporated by reference and made part of these Terms. Collectively, the foregoing constitutes the entire agreement between the parties regarding the access and use of our Site and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter of these Terms.
- Advice. Any guidance, discussions, or advice provided by Sandhills, its employees, independent contractors and agents related to using our Site is intended for general information purposes only. It is not intended as legal advice, and you agree that you will independently evaluate and not rely on such advice for any purpose.
- Headings. Headings used in this agreement are intended, and shall for all purposes be deemed to be, for convenience only and shall have no force or affect whatsoever in the interpretation of this agreement.
- Reformation. If a court of competent jurisdiction determines that the scope of any provision of these Terms is too broad to be enforced, the court shall reform such provisions to such narrower scope as it determines to be enforceable.
- Survival. Provisions of these Terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of these Terms, including but not limited to, Sections 2, 4, 5, 6, 8, 11, 12, 13, 14, 15, 16, 17, and 19.
- Severability. If any provision of these Terms is determined to be unenforceable for any reason and is unable to be reformed by a court of competent jurisdiction as provided above, such provision shall be deemed separate and severable and the unenforceability of any such provision shall not invalidate or render unenforceable any of the remaining provisions hereof.
- Successors and Assigns. These Terms shall be binding upon and inure to the benefit of both parties and their respective successors and permitted assigns. These Terms may not be assigned by you without our prior written consent. We may freely assign these Terms to any third party.
- Waiver. No delay or omission by a party in exercising any right under these Terms shall operate as a waiver of that or any other right. A waiver or consent given by a party on any one occasion shall be effective only in that instance and shall not be construed as a bar or waiver of any right on any other occasion.
- International Availability. We do not represent that our Site is available worldwide. You agree to comply with all local rules regarding online conduct and acceptable content, including, without limitation, applicable laws regarding the transmission of data exported from the United States to the country in which you reside. Please note that additional or different terms may apply if you reside outside of the United States. Please click on the location link below for more details: Jurisdictions.
- Other Terms. Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. Our Cookies Policy sets out our policy in relation to cookies.
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Last Updated 17 March 2026