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Advanced Spiral Technology Member Subscription Agreement
THIS Advanced Spiral Technology MEMBER SUBSCRIPTION AGREEMENT
("AGREEMENT") IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU, AS THE
END USER ("YOU," "YOUR" OR "YOURSELF"), AND
Advanced Spiral Technology ("OUR," "US," "WE" OR
"Advanced Spiral Technology"). PLEASE READ THIS AGREEMENT CAREFULLY
PRIOR TO USING THE Advanced Spiral Technology MEMBER SUBSCRIPTION SERVICE
("MEMBER SERVICE"). BY REGISTERING FOR THE MEMBER SERVICE, YOU
CONSENT TO BECOME A PARTY TO THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS
AND CONDITIONS THAT FOLLOW, WHICH ARE NOT SUBJECT TO ALTERATION OR MODIFICATION
BY YOU. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS
AGREEMENT, PLEASE DISCONTINUE THE REGISTRATION PROCESS.
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| 1. |
| ENROLLMENT IN THE MEMBER SERVICE |
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1.1 |
Advanced Spiral Technology currently provides a web site for calculating and/or sizing
conveyors and their parts using its design programs in streaming or
downloadable formats, text and images (the "Content"). Consumers may
enroll in the Advanced Spiral Technology MEMBER SERVICE ("MEMBER
SERVICE"). The MEMBER SERVICE consists of a subscription plan whereby, for
a Monthly fee, and subject to certain limitations as described herein, you are
granted the rights to access and view our Content. In order to use the MEMBER
SERVICE, you must obtain access to the Internet and pay any service fees
associated with such access. In addition, you must provide all equipment
necessary to make such connection to the Internet and to be able to download or
stream and view or listen to the files. You must be at least 18 years of age to
enroll. To begin the enrollment process, you must complete the PREMIUM MEMBER
SERVICE registration process located on our web site at
Register Now
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1.2 |
The MEMBER SERVICE currently includes access to substantially all
of the design programs available at Advanced Spiral Technology.
However, due to contractual or other restrictions or limitations,
from time to time, some Content at the Advanced Spiral Technology
Site may not be available under the MEMBER SERVICE.
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1.3 |
The MONTHLY MEMBER SERVICE can be cancelled at any time,
by the user or by Advanced Spiral Technology. Upon cancellation,
access to the MEMBER areas of the site will no longer be provided.
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MODIFICATION
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We may modify any of the terms and conditions contained in this
Agreement at any time at our sole discretion. You will be notified by
email where reasonably possible and a change notice will be posted at
Terms of Use.
You should visit this page from time to time to
review the then-current terms and conditions because they are binding
on you. Certain provisions of these terms and conditions may be
superseded by expressly designated legal notices or terms located on
particular pages at this Site. If any modification is unacceptable
to you, you agree that your only recourse is to terminate this
Agreement. Your continued use of the MEMBER SERVICE following our
posting of a change notice or new agreement on the
Advanced Spiral Technology Site will constitute your
binding acceptance of the change.
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YOUR REGISTRATION AND SECURITY OBLIGATIONS
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3.1 |
You agree to provide true, accurate, current and complete information
about yourself as prompted by the MEMBER SERVICE registration process
(such information being the "Registration Data").
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3.2 |
Once you subscribe to the MEMBER SERVICE, you shall receive a
password and an account.
You are solely and entirely responsible for maintaining the
confidentiality of your password. You agree that you will use your
best efforts to prevent access to our Site through your Username
and Password by third parties, including but not limited to,
keeping such information strictly confidential, notifying us
immediately if you discover loss or access to such information by
another party not under your control and supervision, and by using a
Username and Password which is not easily guessed by a third party.
You are not permitted to disclose or reveal access portals or IP
addresses for the Site that in any way provide you or anyone improper
or illegal access to the Site. Furthermore, you are solely and
entirely responsible for any and all activities that occur under
your account. You agree to immediately notify us of any unauthorized
use of your account or any other breach of security known to you.
You acknowledge that the complete privacy of your data and messages
transmitted while using the MEMBER SERVICE cannot be guaranteed.
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3.3 |
You agree that you will not try to reverse engineer, reverse assemble,
reverse compile, decompile, disassemble, translate or otherwise alter any
executable code, contents or materials on or received via this Site.
You understand that such actions are likely to subject you to serious civil and
criminal legal penalties and that Advanced Spiral Technology will pursue such
penalties to the full extent of the law to protect its rights and the rights of
publishers, authors and its other licensors.
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Advanced Spiral Technology PRIVACY POLICY
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4.1 |
Pursuant to the Advanced Spiral Technology Privacy Policy,
Advanced Spiral Technology may occasionally release aggregate
Registration Data about user trends to third parties,
such as a demographic breakdown of our average user.
(i.e. - 82% are male, during March 2001). However, we will not give
out individual information unless we are required to do so by law.
We will not provide your email information to third parties - we hate
SPAM too!
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4.2 |
As an additional security measure, Advanced Spiral Technology logs
user IP Address, Hostname and Proxy (if applicable) as part of the
registration process. This information is also logged when a user
requests MEMBER SERVICE content. We use this information to notify us
of any unauthorized use of your account or any other breach of security.
The Advanced Spiral Technology Privacy Policy is set forth at
Privacy and may be amended at any time in our sole discretion.
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TECHNOLOGICAL AND USE LIMITATIONS
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5.1 |
Advanced Spiral Technology will make commercially reasonable efforts
to keep the Advanced Spiral Technology Site operational. However, from
time to time, certain technical difficulties may result in temporary
service interruptions. Advanced Spiral Technology reserves the right at
any time and from time to time to modify or discontinue, temporarily or
permanently, functions of the MEMBER SERVICE, including access to
particular Content, with or without notice. You agree that
Advanced Spiral Technology shall not be liable to you or to any
third party for any of the direct or indirect consequences of any
modification, suspension, discontinuance of or interruption to the
MEMBER SERVICE.
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5.2 |
The MEMBER SERVICE has been developed to allow individual end users
the opportunity to use its design programs at a very reasonable price.
Advanced Spiral Technology provides access to Content at this Site as a
service to Members for personal use only, and such Content is not
intended for trading purposes. Subscription fees charged by
Advanced Spiral Technology are for underwriting the cost of
bandwidth, high-powered servers and related hosting expenses,
and for the use of our streaming technology. Advanced Spiral Technology
does not sell, and you are not purchasing, a license to view or use
Content. By enrolling in the MEMBER SERVICE, you acknowledge and agree
that you have no right to provide any files obtained through the
MEMBER SERVICE to any other party or through any other means. By way of
example, and not limitation, you may not modify, publish, transmit,
participate in the transfer or sale of, reproduce, create derivative
works from, distribute, perform, display, incorporate into another
website, or in any other way exploit any of the Content for public or
commercial purpose, in whole or in part. You may make only 1 back-up
copy of any file obtained through the MEMBER SERVICE for your own
personal use.
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TERM, FEES AND PAYMENTS
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6.1 |
By registering for the MEMBER SERVICE, you agree to the fee
designated for the costs associated with providing this service.
MEMBER SERVICE level descriptions:
MONTHLY MEMBER SERVICE: Monthly | Period 30 days | Cost: $24.95/month.
Users will be billed $24.95/month (twenty four US dollars & ninety
five US cents per month) for the MONTHLY MEMBER SERVICE.
Users can cancel at any time. *
* - Detailed instructions on how to
cancel your account are located right here -
How to cancel.
Members are expected to cancel themselves online.
We let members take care of this themselves so we can spend more time
adding new programs and other services.
MEMBER SERVICE CALCULATION FEE: Users will be billed a small
fee every time they request a calculation. The calculation fee
structure is located here - Fees
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6.2 |
Payment must be made by a major credit card accepted by Pay Pal or
with a standard Pay Pal account. Advanced Spiral Technology uses the
Pay Pal service to handle financial transactions for our subscription
MEMBER SERVICE. As such, you are not providing
Advanced Spiral Technology with any credit card information and
we do not have or keep any such records on our subscription users.
Currently, Pay Pal accepts VISA, AMERICAN EXPRESS, DISCOVER and
MasterCard. In some cases,you can also link your paypal account to
your bank account. Cash is not accepted. The MEMBER SERVICE period
begins upon completion of account registration at Advanced Spiral
Technology, which takes place after payment of the MEMBER SERVICE fee
at Pay Pal's web site. Your card issuer agreement governs your use of
your designated card in connection with the MEMBER SERVICE,and you must
refer to that agreement and not this Agreement to determine your rights
and liabilities as a cardholder. YOU, AND NOT Advanced Spiral Technology,
ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD
BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU. As a MONTHLY
MEMBER SERVICE user you agree to pay $24.95/month. You may cancel
at any time. You agree to pay the $24.95/month fee until you request
to cancel your account.
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6.3 |
The Fee for the MEMBER SERVICE is non-refundable. Users may terminate
their agreement at any time, but Advanced Spiral Technology does not
offer any guarantee. NO REFUNDS OR PARTIAL REFUNDS ARE PROVIDED FOR
ACCOUNTS THAT ARE TERMINATED BY THE SUBSCRIBER OR BY ADVANCED SPIRAL
TECHNOLOGY.
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6.4 |
You agree to pay Advanced Spiral Technology all reasonable attorney's
fees and costs incurred by Advanced Spiral Technology to collect any
past due amounts. Your account may be deactivated without further
notice if payment is past due, regardless of the dollar amount.
You agree to pay any outstanding balance in full within thirty (30)
days of cancellation or termination of your MEMBER SERVICE account.
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6.5 |
You are responsible for paying any governmental taxes imposed on your
use of the MEMBER SERVICE, including, but not limited to, sales,
use or value-added taxes. You are solely responsible for arranging
payment for any and all additional or premium charges for your use of
any third party services via the MEMBER SERVICE.
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6.6 |
Advanced Spiral Technology RESERVES THE RIGHT, AT ANY TIME, TO CHANGE
ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL
FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY
Advanced Spiral Technology,EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE
POSTING AT: Fees. Advanced Spiral Technology MAY
ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL.
If any such change is unacceptable to you, you may terminate your
subscription to the MEMBER SERVICE,as provided in Section 7 below.
YOUR CONTINUED USE OF THE MEMBER SERVICE FOLLOWING THE EFFECTIVE DATE
OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR
ACCEPTANCE OF SUCH CHANGE.
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TERMINATION
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7.1 |
You agree that Advanced Spiral Technology, at its sole discretion,
may terminate your ID,password, account (or any part thereof) or use
of the MEMBER SERVICE for any reason, including, without limitation,
if Advanced Spiral Technology believes that you have violated or
acted inconsistently with the letter or spirit of the Agreement.
Advanced Spiral Technology may also in its sole discretion and at
any time discontinue providing the MEMBER SERVICE or access to
particular Content, or any part thereof, with or without notice.
You agree that any termination of your access to the MEMBER SERVICE
or to particular Content under any provision of this Agreement may be
effected without prior notice, and acknowledge and agree that
Advanced Spiral Technology may immediately deactivate or delete your
account and/or bar any further access to the MEMBER SERVICE.
If your right to use this Site and access the Content is terminated
due to the violation by you of any part of this Agreement, you must
immediately destroy or delete any copies you have made of any Content.
You further agree that Advanced Spiral Technology shall not be liable
to you or any third-party for any termination of your access to the
MEMBER SERVICE.
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7.2 |
You may terminate this Agreement and your subscription to the
MEMBER SERVICE at any time. HOWEVER, IF YOU TERMINATE YOUR
SUBSCRIPTION PRIOR TO THE END OF THE SUBSCRIPTION PERIOD TO WHICH YOU
HAVE COMMITTED, YOU WILL LOSE ALL SUBSCRIBER SPECIAL ACESSS FEATURES
AND FORFEIT YOUR SUBSCRIPTION FEE. NO REFUNDS OR PARTIAL REFUNDS ARE
PROVIDED FOR ACCOUNTS THAT ARE TERMINATED BY THE SUBSCRIBER
OR BY ADVANCED SPIRAL TECHNOLOGY.
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7.3 |
You agree that sections 2 and 4 through 11 shall survive this
Agreement and continue in full force and effect in the event of
termination of this Agreement for any reason.
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INTELLECTUAL PROPERTY RIGHTS
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8.1 |
Only you may access the MEMBER SERVICE using your ID and password,
unless otherwise agreed to in writing by Advanced Spiral Technology.
The content available through the MEMBER SERVICE is the property of
Advanced Spiral Technology or its licensors and is protected by
copyright and other intellectual property laws. Content received
through the MEMBER SERVICE may be used for your personal,
non-commercial use only. You agree not to reproduce, retransmit,
distribute,disseminate, sell, broadcast, make available to third
parties or circulate the content received through the MEMBER SERVICE
to anyone or to exploit any such content for commercial or
noncommercial purposes without the express prior written consent of
Advanced Spiral Technology. You agree to indemnify and hold harmless
Advanced Spiral Technology for your failure to comply with this.
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8.2 |
All Content,which includes, software, and source code on the
Advanced Spiral Technology Site is subject to copyright protection and
may not be displayed, reproduced,distributed, modified or used in any
other manner except with the written permission of Advanced Spiral
Technology and its Content providers. You acknowledge that Advanced
Spiral Technology retains exclusive ownership of the MEMBER SERVICE
and all intellectual property rights associated therewith. Except as
expressly provided herein, you are not granted any rights or license
to patents, copyrights, trade secrets or trademarks with respect to
the MEMBER SERVICE or its contents, and Advanced Spiral Technology
reserves all rights not expressly granted hereunder. You shall
promptly notify Advanced Spiral Technology in writing upon your
discovery of any unauthorized use or infringement of the MEMBER
SERVICE (or its contents) or Advanced Spiral Technology's patent,
copyright, trade secret, trademarks or other intellectual property
rights. The MEMBER SERVICE contains proprietary and confidential
information that is protected by copyright laws and international
treaty provisions.
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8.3 |
Unless otherwise specified, the Content in the Site is presented
solely for the purpose of promoting products and providing "
information" available in the United States, its territories,
possessions, and protectorates. Advanced Spiral Technology may change,
add, or delete Content in this Site at any time without notice.
This Site is controlled and operated by Advanced Spiral Technology
from its offices within the State of Victoria, Australia. Advanced
Spiral Technology makes no representation that Content in the Site is
appropriate or available for use outside the United States. Those who
choose to access this Site from outside the United States do so on
their own initiative and are responsible for compliance with local
laws, if and to the extent local laws are applicable. Software from
this Site is further subject to United States export controls.
No software from this Site may be downloaded or otherwise exported or
reexported (i) into (or to a national or resident of) Cuba, Iraq,
Libya, North Korea, Iran, Syria or any other country to which the
United States has embargoed goods; or (ii) to anyone on the U.S.
Treasury Department's list of Specially Designated Nationals or the
U.S. Commerce Department's Table of Deny Orders. By downloading or
using the Software, you 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.
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8.4 |
Advanced Spiral Technology claims copyright, trademark,
and proprietary rights in each of its proprietary software products,
services, and Content, subject only to superior rights, if any,
of Advanced Spiral Technology's licensors. Advanced Spiral Technology's
trademarks may be used publicly only with advance written permission
from Advanced Spiral Technology. Fair use of Advanced Spiral Technology's
trademarks in advertising and promotion of Advanced Spiral Technology
products requires proper written acknowledgement. Other brands and names
are the property of their respective owners.
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DISCLAIMER OF WARRANTIES
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YOU EXPRESSLY AGREE THAT USE OF THE MEMBER SERVICE IS AT YOUR SOLE
RISK. THE MEMBER SERVICE, AND ALL MATERIALS AND CONTENT PROVIDED OR
ACCESSIBLE AT THE ADVANCED SPIRAL TECHNOLOGY SITE, IS PROVIDED ON AN
"AS IS" AND AN "AS AVAILABLE" BASIS, AND WITHOUT
ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT MAKE,
AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE
MEMBER SERVICE, THE ADVANCED SPIRAL TECHNOLOGY SITE AND THE PRODUCTS,
SERVICES OR CONTENT OFFERED THROUGH THE ADVANCED SPIRAL TECHNOLOGY
SITE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY,
INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY
RIGHTS.
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LIMITATION OF LIABILITY
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IN NO EVENT WILL ADVANCED SPIRAL TECHNOLOGY, ITS SUPPLIERS, LICENSORS,
OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST
PROFITS, LOST DATA OR BUSINESS INTERRUPTION, AND INCLUDING ACTUAL,
CONSEQUENTIAL AND PUNITIVE DAMAGES) ARISING OUT OF THE USE, INABILITY TO
USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE,
OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES,
WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL
THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOUR USE OF THE CONTENT, MATERIALS OR INFORMATION FROM THIS SITE RESULTS
IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT,
SOFTWARE OR DATA, YOU ASSUME ALL COSTS THEREOF. FURTHER, OUR AGGREGATE
LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE MEMBER SERVICE WILL
NOT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT.
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MISCELLANEOUS
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11.1 |
Advanced Spiral Technology administers this Site from its offices
within Australia. You may not use or export Content or materials
provided in violation of U.S. or Australian export laws and
regulations.
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11.2 |
This Agreement is governed by the laws of the State of Victoria,
Australia., without regard to its conflicts of law provisions.
You hereby consent to the personal jurisdiction of and venue in the
federal and state courts located in the State of Victoria,
Australia in all disputes arising out of or relating to the MEMBER
SERVICE, and waive any objection you may have with respect to any of
the foregoing. In addition, you hereby consent to the exclusive
jurisdiction of and venue in such courts for any action commenced by
you against us (or our affiliates). Notwithstanding any of the
foregoing, Advanced Spiral Technology reserves the right to commence
an action in your home state in regard to any aspect of this Agreement.
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11.3 |
Use of the MEMBER SERVICE is unauthorized in any jurisdiction that
does not give effect to all provisions of these terms and conditions,
including without limitation this Section 11. You shall not use the
MEMBER SERVICE in any manner contrary to local, state or federal law.
Advanced Spiral Technology expressly disclaims any and all
responsibility or liability for any action by you that is contrary to
such law(s) by you and reserves the right to terminate your
MEMBER SERVICE immediately upon notice for your failure to comply with
any such local, state or federal law.
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11.4 |
You agree to defend, indemnify and hold harmless
Advanced Spiral Technology, its licensors, successors and assignees,
its Content providers, advertisers and sponsors, the parent,
affiliated and subsidiary companies of each of them and the officers,
directors, employees, and agents of each of them from and against
any and all third party claims, damages, liabilities, costs and
expenses, including reasonable legal fees and expenses, arising out of
or related to any breach by you of this Agreement, any material which
you may post in connection with the use of or otherwise related to this
Site or any use of the Content by you or under your control. Our
performance of this Agreement is subject to existing laws and legal
process, and nothing contained in this Agreement is in derogation of our
right to comply with governmental, court and law enforcement requests or
requirements relating to your use of the MEMBER SERVICE or
information provided to or gathered by us with respect to such use.
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11.5 |
If any part of this Agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to,
the warranty disclaimers and liability limitations set forth above,
then the invalid or unenforceable provision will be deemed superseded by
a valid, enforceable provision that most closely matches the intent of
the original provision and the remainder of the Agreement shall continue
in effect. This Agreement constitutes the entire agreement between you
and us with respect to the MEMBER SERVICE and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between you and us with respect to the MEMBER SERVICE. A printed
version of this Agreement and of any notice given in electronic form shall
be admissible in judicial or administrative proceedings based upon or
relating to this Agreement to the same extent and subject to the same
conditions as other business documents and records originally generated
and maintained in printed form.
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