Terms of Use
End User License Agreement
Terms and Conditions of Service
Aloha Data Systems, Inc.
StoreTender™
Effective April 24, 2014
Important — Please read this document carefully before completing registration for and/or commencing use of the Aloha Data Systems, Inc. (ADS) subscription services (Services) and/or software (Software), herein afterwards referred to jointly or separately as the Product(s). Before commencing use you must first accept the terms and conditions of this document (Terms) by electronically checking the box marked “I accept the terms of this agreement”. Additionally, you agree that you have previously accepted this and other Terms as indicated, displayed, and agreed to on the checkout page of the ADS website(s) (Sites) where this Product was ordered.
By ordering, purchasing, using, downloading, installing, copying, or accessing the Product, or by choosing the “I accept” option located on or adjacent to the screen where these Terms may be displayed, you agree to the terms below. If you are accepting these terms on behalf of another person or a company or other legal entity, you represent and warrant that you have full authority to bind that person, company, or legal entity to these terms. If you do not agree to these terms, and delivery of the product or support is affected; do not use, download, install, copy, or access the product or support.
Complete disclaimer. The Product is provided as-is with no representations or warranties of any kind, either expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of the Product. ADS is not liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to the Product and/or material contained within the Product. Your sole remedy for dissatisfaction with ADS and/or the Product is to stop using the Product. ADS shall not be liable for any damage to your computer equipment or other property resulting from your access to, use of, or browsing in the Product or Sites, or downloading material, images, data, text, video, or audio files, regardless of the cause. Unused pre-paid Services are non-refundable and non-transferable.
This Terms document is a legal agreement between you (either an individual or a business entity) and ADS for access and use of the Product, which may include associated Site access, Software, Services, device drivers, software components, media, printed materials, training materials, user’s manuals and guides, and other documentation. By agreeing to the Terms on the ADS Site registration form and/or commencing use of the Product, you hereby accept and agree to be bound by the Terms. This agreement, including the Terms on the ADS Site registration form, represents the entire agreement concerning the Product between you and ADS, and supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this agreement, do not complete registration form or commence use of the Product.
1. Trial Period
If you registered for a trial use of the Product (“Trial Period”), you must decide to purchase the Product (via subscription or one-time purchase) within the Trial Period in order to retain any Customer Data (defined in Section 3 and Section 6) that you have posted or uploaded during the Trial Period. If you do not purchase the Product by the end of the Trial Period, your content will no longer be available to you.
2. Payment
For Product(s) offered on a subscription or one-time purchase basis, the following terms apply:
(a) Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe or purchase and provide your payment information, unless stated otherwise in the program ordering or payment terms on the Site where you made your purchase.
(b)You must pay with (i) A valid credit card acceptable to ADS; (ii) A valid PayPal™ account (if offered by ADS); (iii) A valid debit card acceptable to ADS, or (iv) An ACH (Automated Clearing House) charge (if offered by ADS).
(c) ADS will automatically renew your recurring Services at the agreed-upon interval and at current rates, unless the Services are cancelled or terminated under the Terms.
(d) ADS reserves the right to change its fees and pricing for the Product at any time.
3. You are responsible for your content
(a) You are legally responsible for all information, data, text, sound, photographs, graphics, video, messages or other materials (“Content”) uploaded, posted or stored through your use of the Services if available. You grant ADS a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services. You agree not use the Services for any illegal purpose or in violation of any applicable local, state, federal or international law. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You must provide all required and appropriate warnings, information and disclosure. You agree that you will not use the Services to share, store, or in any way distribute financial data that is not in accordance with the law. Any users suspected of having information which involves fraud, embezzlement, money laundering, insider trading, support for terrorism, or any other activity proscribed by law may have their accounts terminated, their financial data erased, and they also may be reported to law enforcement officials in the appropriate jurisdictions. ADS is not responsible for the Content or data you submit.
(b) You agree not to use the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to: (i) Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing , offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack or “flaming” others, or criminal or civil liability under any local, state, federal or foreign law; (ii) Content or data that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy, including posting images about children or any third party without their consent (or a parent’s consent in the case of a minor);(iii) Except as otherwise permitted by ADS in writing; advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding; (iv) Virus, Trojan horse, worm or other disruptive or harmful software or data; and (v) Any information, software or Content which is not legally yours and may be protected by copyright or other proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner.
(c) The Services may include a community forum to exchange information with other users of the Product and the public. Please use respect when you interact with other users. ADS does not support and is not responsible for the accuracy of others’ content in these community forums. Do not reveal information in the community forum that you do not want to make public. Users may post hypertext links to content hosted and maintained by third parties for which ADS is not responsible.
(d) ADS may freely use feedback you provide. You agree that ADS may use your feedback, suggestions, or ideas in any way, including in future modifications of the Product, other products or services, advertising or marketing materials. You grant ADS a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty-free license to use the feedback you provide to ADS in any way.
(e) ADS may monitor your content from time to time. ADS may, but has no obligation to, monitor content on the Services. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect ADS or its customers, or operate the Services properly. ADS, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of the Terms.
4. Subscription Services
(a) Access to the Services. ADS grants Customer a right to receive the Services, based on the Customer’s compliance with the Terms. Products that are configured to host their own data (Self-Hosted) are not permitted to use the Services.
(b) The Services are located on servers that are controlled by ADS. Customer may access the Services, but has no right to receive a copy of the raw data stored, nor the object code or source code to the Software. Customer must have a high speed Internet connection, and hardware and software that is compatible with the Product, as set out in the documentation and/or Site.
(c) ADS regularly upgrades and updates the Product. This means that the Services are continually evolving. Some of these changes will occur automatically, while others may require Customer to schedule and implement the changes. The changes may also mean that Customer needs to upgrade its equipment in order to make efficient use of the Product. ADS will provide Customer with advance notification in this case.
(d) ADS recognizes that a Customer may have legitimate business reasons for not upgrading to a new version of the Product as soon as the version becomes available. However, ADS will not support old versions indefinitely. When an old version used by Customer is at end-of-life, ADS may remove Customer’s access to that version and require Customer to upgrade to a new version.
(e) ADS is the sole owner the intellectual property in the Product (except for third party components) and the Documentation.
5. Conditions of Use
The Product provided to Customer is non-exclusive, non-transferable (except as provided below and in Section 9), and is for Customer’s internal business use only. Customer’s right to use the Product is conditional upon the following. Customer may not:
(a) Transfer to any other person any of its rights to use the Product;
(b) Sell, rent or lease the Product;
(c) Make the Product available to anyone who is not an “Authorized User”. An Authorized User is an employee of Customer, or of a person to whom Customer has authorized to access the Product as either a named or concurrent user;
(d) Create any derivative works based upon the Product or Documentation;
(e) Copy any feature, design or graphic in, or reverse engineer the Product;
(f) Access the Product: (i) in order to build a competitive solution or to assist someone else to build a competitive solution; or (ii) if Customer is an employee of a competitor of ADS with the intention of producing a competing Product;
(g) Use the Product in a way that violates any criminal or civil law;
(h) Load test the Product in order to test scalability; or,
(i) Exceed Product usage limits set by ADS now or in the future.
Notwithstanding the above, a Customer who has procured the Software as a one-time Purchase may transfer the License to use the Software to another end-user. In doing so, such transfer shall exclude access to customer support, updates, upgrades or access to Subscription Services provided by ADS, and the new end-user agrees to be bound by these Terms. If the Software being transferred utilizes the ADS data hosting Services, the new end-user must purchase a new data hosting Service plan. No credit shall be issued or transferred for any remaining time on the Customer’s data hosting Service plan to the new end-user.
6. Customer Data
(a) Customer must provide all data for use in the Product, and ADS is not obliged to modify or add to the Customer Data. Customer is solely responsible for the content and accuracy of the Customer Data.
(b) The Customer Data belongs to ADS, and Customer makes no claim to any right of ownership in it.
(c) ADS will make its best effort using all commercial methods then available to keep the Customer Data confidential in accordance with Section 13 of this Agreement.
7. Additional Terms
(a) ADS does not give professional advice. ADS does not provide legal, financial, accounting or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
(b) We may tell you about other ADS services or products. You may be offered other services, features, products, applications, online communities, or promotions provided by ADS. If you decide to use any of these ADS services or products, additional terms and conditions and separate fees may apply. You acknowledge that in accessing some ADS Products you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, and sales among others, via the Internet. You grant ADS permission to use information about your business and experience to help us provide the Products to you, including updating and maintaining your data, addressing errors or service interruptions, and enhancing the types of data and services ADS may provide to you in the future. You grant ADS permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. We may use this data to improve services and to compare business practices with other company standards. We may use your data to develop, market or promote new ADS offerings to you and others. You also grant ADS permission to share or publish summary results relating to research data and to distribute or license such data to third parties.
(c) We may tell you about third party products or services. You may be offered products or services by third parties who are not affiliated with ADS (“Third Party Products”) or the services may contain links to third party websites (“Third Party Sites”) and you agree that ADS can use your contact information, including name and address, for the purpose of offering these products to you. If you decide to use any Third Party Products or access any Third Party Sites, you are responsible for reviewing the third party’s separate product terms, website terms and privacy policies. You agree that the third parties, and not ADS, are responsible for their product’s performance and the content on their websites. ADS may be affiliated with these Third Party Products or Third Party Sites, but has no liability for them.
(d) Communications choices: ADS may be required by law to send you communications about the services or Third Party Products. You agree that ADS may send these communications to you via email or by posting them on one of our Sites. If you later decide that you do not want to receive future communications electronically, please review the Privacy Policy provided on the ADS Site.
(e) You will track your passwords and accept updates. You are responsible for securely managing your password(s) for access to the Sites. If you become aware of any unauthorized access to your Site account, theft or loss of your password, you agree to contact ADS as soon as possible. The Product or Sites may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve and enhance the features and performance of the Product. You agree to receive these updates automatically.
8. Provision of the Software and Services by ADS
(a) ADS may, at its sole discretion, improve, enhance, modify or change the Product and Terms at any time. You acknowledge and agree that the form and nature of the Product and Terms may change from time to time without prior notice to you. ADS will post updated Terms on its Site.
(b) ADS may, at its sole discretion, suspend or cease providing the Subscription Services at any time. Your sole remedy for any such suspension or cessation of the Subscription Services shall be a pro-rata refund of any prepayment, if any, that you may have made for future use of the Services. You acknowledge and agree that ADS may stop (permanently or temporarily) providing the Subscription Services (or any feature within the Subscription Services) to you at ADS’ sole discretion and without prior notice to you. You may stop using the Services at any time. You agree to cancel your Subscriptions Services via ADS’ Site when you stop using the Services, in order to cease payments to ADS. Failure to cancel your Subscription Services shall indicate your approval and authorization for ADS to continue to charge you for the Services, whether they are utilized by you or not.
(c) ADS may disable your account and cease providing you the Subscription Services in the event that timely prepayment for the Subscription Services is not received (if you have selected a fee-based level of the Subscription Services), if you fail to exclusively and regularly utilize the Subscription Services of an ADS preferred credit/debit card merchant processor (in the case of your use of a version of the Product which requires such a processor), or if you are otherwise in breach of the Terms. You acknowledge and agree that if ADS disables access to your account, you may be prevented from accessing the Subscription Services, your account information or any other data or other content which is associated with your account, including product description and pricing information, inventory data, and transaction data and reports.
9. Use of the Product by You
(a) You agree to use the Product only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
(b) You agree to use the Product only on the number of computers and in only the number of locations permitted by your current Licensing level.
(c) You agree that you will not engage in any activity that interferes with or disrupts the Subscription Services (or the servers and networks which are connected to the Subscription Services), and that you will only utilize and access the Subscription Services in conjunction with the Product provided by ADS.
(d) You will not reproduce, duplicate, copy, sell, trade or resell the Product for any purpose, except as permitted in Section 5 of this Agreement.
(e) You agree that you are solely responsible for (and that ADS has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damages which ADS may suffer) of any such breach.
(f) You hereby grant to ADS a worldwide, perpetual, royalty-free, sub-licensable right and license to use, for any purpose, any and all data and information submitted to or collected by ADS in connection with your registration for, purchase of and/or use of the Product, including, but not limited to, product description, product pricing, product inventory, and product sale transaction information and data.
(g) ADS provides access to integrated electronic payments with the Product. Such payment processing requires Customer to obtain an account with a merchant services provider (Processor) approved for use with the Product. ADS may recommend the use of a particular Processor for use with the Product. You acknowledge and agree that any merchant agreement with a Processor comprises a separate contract between you and the Processor, and that ADS is not a party to, and has no obligations relative to, any such agreement. You further agree and acknowledge that ADS may, from time to time, add or delete Processors from its list of approved providers, and that any such change may require you enter into a new merchant agreement with a new Processor. ADS does not represent or warrant that any approved Processor will be willing to enter into any merchant agreement with you for the processing of credit/debit card transactions. Cancellations fees, if any, or other fees assessed by the Processor are the sole responsibility of the Customer.
(h) You agree that ADS shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made by you. Customer agrees to take full responsibility for all taxes and fees associated with such products and/or Services sold.
(i) ADS makes no representations, warranties or assurances that the Customer’s equipment will be compatible with the Product. ADS has a free trial version of the Product for use by the Customer to make the determination if their equipment is compatible.
10. Proprietary Rights
(a) You acknowledge that all information and data, such as Site pages, Subscription Services, Software, data files, text, videos, audio files, photographs, animations or other materials (collectively, the “Content and/or Customer Data”) which you may have access to as part of, or through your use of, the Product are the sole property of ADS. You acknowledge and agree that ADS owns all legal right, title and interest in and to the Product and the Content, including any intellectual property rights which subsist in the Product and the Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
(b) Nothing in the Terms gives you a right to use any ADS trademarks, trade names, service marks, logos, or domain names. You agree that you will not use any trademark, trade name, service mark, logo, or domain name in any way that is intended to or likely to cause confusion about the owner or authorized user of such trade names, trademarks, service marks, logos, or domain names, relative to those of ADS.
11. What we collect
We may collect the following information: name and job title, business name, physical address, contact information including email address, demographic information such as postcode, preferences and interests and other information relevant to customer surveys and/or offers. Payment information collected is secure and is collected by our authorized Gateway Processor for transfer electronically to your Merchant Processor. We do not store sensitive credit card data on our servers nor does our Gateway Processor.
12. What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons: Internal record keeping. We may use the information to improve our Products and Services. We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided. From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customize the website to be more intuitive.
13. Security
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
14. Proprietary Rights Notice
The Product, which includes the Software, Services and all Intellectual Property Rights therein are, and will remain the property of Aloha Data Systems, Inc. All rights in and to the Product not expressly granted to You in this Agreement are reserved and retained by Aloha Data Systems, Inc. and its licensors without restriction, including, Aloha Data Systems, Inc.’s right to sole ownership of the Product and Documentation. Without limiting the generality of the foregoing, you agree not to (and not to allow any third party to);
(a) sublicense, distribute, or use the Product outside of the scope of the license granted in this Agreement;
(b) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Product or otherwise attempt to discover any source code or trade secrets related to the Product;
(c) rent, lease, sell, assign or otherwise transfer rights in or to the Product;
(d) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Product;
(e) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Product for any purpose without the express written consent of ADS;
(f) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with ADS other than in the name of Aloha Data Systems, Inc. or remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Product.
15. U.S. Government Rights
If the use of the Product is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), in accordance with 48 C.F.R. 227.7202-4 (for Department of Defense (DOD) acquisitions) and 48 C.F.R. 2.101 and 12.212 (for non-DOD acquisitions), the Government’s rights in the Product, including its rights to use, modify, reproduce, release, perform, display or disclose the Product, will be subject in all respects to the commercial license rights and restrictions provided in this Agreement.
16. Termination of This Agreement
The Terms will continue to apply until terminated by either you or ADS as set out below.
(a) ADS may at any time, terminate its legal agreement with you if (i) you have breached any provision of the Terms, or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms; (ii) ADS is required to do so by law; (iii) you fail to timely establish or regularly utilize a merchant account with a preferred credit/debit card transaction processor identified in Section 2 above by ADS (if you are using a version of the Product which requires use of such a processor); (iv) you fail to timely prepay the applicable fee for the level of fee-based Product for which you have registered; (v) The provision of the Product to you by ADS is, in ADS’ sole opinion, no longer commercially viable.
(b) Upon any termination of this agreement, ADS shall not be required to return, or to provide you access to, any data or information that you have previously uploaded or supplied to ADS pursuant to your use of the Product, including, but not limited to, your account information or any other data or other content which is associated with your account, including product description, pricing information, inventory data, transaction data and reports.
17. Exclusion of warranties
(a) You expressly understand and agree that your use of the Product is at your sole risk and that the Product is provided on an “as is” and “as available” basis.
(b) In particular, ADS does not represent or warrant to you that (i) Your use of the Product will meet your requirements; (ii) Your use of the Product will be uninterrupted, timely, secure or free from error; (iii) Any information obtained by you as a result of your use of the Product, including any transactions facilitated by the Product, will be accurate or reliable; (iv) That defects in the operation or functionality of the Product will be corrected; (v) That the Product is compatible with any particular computer, computer peripherals, or other hardware, including any particular cash drawer, barcode reader, credit/debit card scanner, printer, or pole-type or other display; (vi) As computer viruses, Trojans, and other malicious software components are frequently created and distributed, there is no warranty that, as a result of using the Product, your computer systems will not become infected by any computer virus, Trojan, or other malicious software component. It is your responsibility to ensure that your computer systems include reliable and regularly updated anti-virus software, and that regular and frequent backups are made of your computer systems.
(c) No advice or information, whether oral or written, obtained by you from ADS or through or from the Product shall create any warranty not expressly stated in the terms.
(d) ADS further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose, non-infringement and title.
(e) Nothing in these terms shall exclude or limit ADS’ warranty or liability for losses which may not be lawfully excluded or limited by applicable law.
To the maximum extent permitted by applicable law, ADS and its affiliates, officers, employees, agents, partners and licensors will not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, good-will, or other intangible losses, resulting from; (i) Your access to or use of or inability to access or use the Product; (ii) any conduct or content of any third party, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any content obtained from the Product; (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not ADS has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. If anyone brings a claim against us related to your actions or content, or actions or content by or from someone using your account, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you, and ADS’ liability will be limited to the maximum extent permitted by law.
18. Limitation of liability
(a) You expressly understand and agree that ADS, its subsidiaries and affiliates shall not be liable to you for: (i) Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or Products, or other intangible loss; (ii) Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of: (iii) any reliance placed by you on the completeness or accuracy of the Product or any portion thereof, including, but not limited to, any mathematical or numerical errors relating to any financial transactions facilitated by the Product; (iv) any changes which ADS may make to the Product, or for any permanent or temporary cessation in the provision of the Product (or any features within the Product); (v) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Product; (vi) your failure to provide ADS with accurate account information; (vii) your failure to keep your password or account details secure and confidential; and/or any loss or damage which result from the acts or omissions of any credit/debit card transaction facilitated by the Product, regardless of whether any such credit/debit card transaction involved a transaction processor identified by, preferred by or recommended by ADS.
(b) The limitations on Ads’ liability to you in paragraph 18(a) above shall apply whether or not ADS has been advised of or should have been aware of the possibility of any such losses arising.
19. Exclusive remedy
The exclusive remedy for breach of this agreement shall be, at ADS’ option;
(a) providing the Product; or (b) a refund of your most recent subscription fee payment, if any, paid to license the Product.
20. Indemnification
You agree to indemnify and hold ADS, and its affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Product in any manner contrary to the Terms or resulting from your provision of inaccurate or incomplete information to ADS in connection with your use of the Product.
21. Changes to the terms
ADS may make changes to the Terms from time to time. When these changes are made, ADS will make a new copy of the Terms available at a web page or downloadable document accessible via the ADS Site(s). You agree that if you use the Product after any date on which the terms have been changed pursuant to paragraph 8(a), your use will constitute acceptance of the updated Terms. Accordingly, you should check for changes to the Terms prior to each use of the Product.
22. General provisions
(a) When you use the Product, you may (as a result of, or through your use of the Product) use a service or download software which is provided by another person or company. Your use of these other products or software may be subject to separate terms between you and the company or person concerned. If so, these Terms do not affect your legal relationship with these other companies or individuals.
(b) The Terms constitute the entire legal agreement between you and ADS and govern your use of the Product, and completely replace any prior agreements between you and ADS in relation to the Product.
(c) You agree that ADS may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings or downloadable documents on the ADS Site(s).
(d) You agree that if ADS does not exercise or enforce any legal right or remedy which is contained in the Terms (or which ADS has the benefit of under any applicable law), this will not be taken to be a formal waiver of ADS’ rights and that those rights or remedies will still be available to ADS.
(e) If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable, to the fullest extent possible.
(f) This agreement will be deemed to be a contract made under the laws of the state of Nevada, and will be construed in accordance with the laws of Nevada without regard to principles of conflicts of law. The exclusive forum and venue for the adjudication of any rights, claims or disputes arising out of or in connection with this agreement shall be the federal or state courts located in Clark County, Nevada. The parties specifically waive the right to a jury trial in connection with any dispute arising out of this agreement, or between the parties for any reason. Notwithstanding this, you agree that ADS shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
23. Language
Any translation of this agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this agreement shall govern. The parties hereby confirm that they have requested that this agreement and all related documents be drafted in English.
24. Severance
If any term or provision of these Terms and conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these terms and conditions had been agreed with the invalid illegal or unenforceable provision eliminated.