Terms of Service
The terms and conditions of use for eSilverBullet are as follows,
and are subject to change without an express notice to each individual
user, but will be listed under the Terms of Service agreement at eSilverBullet.com.
See Glossary for clarification of terms.
1. SCOPE OF AGREEMENT
you (either an individual or a legal entity that you represent as an
authorized employee or agent) ("You").
Please read them carefully and in their entirety.
BY CLICKING THE "I ACCEPT" BUTTON, COMPLETING THE REGISTRATION
PROCESS AND/OR THE USE OF THE SERVICE BY YOU, OR AN INDIVIDUAL WITHIN
YOUR COMPANY, YOU ARE STATING THAT YOU MEET THE REQUIREMENTS FOR AN
ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS, POLICIES
AND CONDITIONS OF THE SERVICE ("AGREEMENT") AND THOSE FOUND WITHIN THE
The Service is offered to You wholly conditional to your acceptance
without modification of the terms, conditions, and notices contained
These terms and conditions are to be considered binding, and along
with all referenced addenda, are the sole governing terms relating to
disputes with the Provider.
"Account" means all services, records, reports, or charges belonging
to a single login as is stored at www.eSilverBullet.com or
other site as defined by eSilverBullet.
"Account Data" means the data concerning the characteristics and use
history of a specific account that is collected through the use of
"Documentation" means any accompanying proprietary documentation
made available to You by eSilverBullet for use with the Service,
including any documentation available online or otherwise.
"eSB Builder" means the proprietary product of eSilverBullet hosted at www.eSilverBullet.com or
other site as designated by Provider, used to build, host and manage
website pages and shopping carts.
"Processing Software" means the proprietary eSilverBullet analytics
software and any upgrades to such, which analyzes the Account Data and
generates the Reports.
"Products" means eSB Builder, eSB Builder Lite, Processing
Software and any other products of eSilverBullet.
"Report" means the resulting analysis shown at www.eSilverBullet.com (or
such other URL Provider may provide from time to time) for an
individual profile. The number of charts, graphs, and statistics
contained in a Report varies with the edition of the Service.
"Servers" means the servers controlled by Provider or its Service
partners upon which the Processing Software and Account Data are stored.
"Software" means the source code, object code, or underlying
structure upon which Products are built.
"Services" means all services hosted at www.eSilverBullet.com or
other site as designated by Provider.
3. FEES AND SERVICES
Subject to Section 17 herein, the Services and Products provided by
Provider have the following fees and restrictions:
Products, including eSB Builder and eSB Builder Lite will be
subject to monthly subscription fees once you have completed your free
trial period. Fees are currently $14.95/month for the eSB Builder and $9.95/month for the eSB Builder Lite. Pricing for custom website design is based on individual quotes. Products
may be subject to additional fees for excess storage space, API calls
or email messages sent.
Support service for Products is free by email, with the order of
response to said requests at the discretion of the Provider and its
designated representatives. Other services such as phone support may be
billed at a rate to be agreed upon by both parties.
As a hosted service, the Provider is not responsible for any charges by
third parties related to the accessing of the stated services,
including but not limited to cellular or Internet service charges.
All third-party services and their corresponding charges, that are
offered in and through said service, are bound by their respective
agreements and are not the responsibility of the Provider to execute,
collect or enforce, and the Provider reserves the right to revoke
service for any reason as stated in Section 17 regardless of said
4. MEMBER ACCOUNT, PASSWORD, AND SECURITY
To register for the Service, You must complete the registration
process by providing Provider with current, complete and accurate
information as prompted by the registration form, including Your e-mail
address (Your "User Name") and password. You shall protect your
passwords and take full responsibility for the use of Your Accounts.
You are solely responsible for any and all activities that occur under
Your Account. You agree to notify Provider immediately upon learning of
any unauthorized use of Your Account or any other breach of security.
From time to time, Provider's support staff may log in to the Service
under Your User Name in order to maintain or improve service, including
to provide You assistance with technical or billing issues. You hereby
acknowledge and consent to such access.
5. NON-EXCLUSIVE LICENSE
Provider hereby grants You a limited, revocable, non-exclusive,
non-sublicensable license to use the Service solely as Provider
intended. Subject to the terms and conditions of this Agreement, You
may remotely access, view and download Your Reports stored at www.eSilverBullet.com (or
such other URL Provider may provide from time to time). Your license
of, use of and access to the Software and the Service (which may
include, without limitation, the Software, Documentation, Products and
the Reports) is conditioned upon Your compliance with the terms and
conditions of the Agreement, including the following:
You will not, nor will You allow any third party, to (i) copy, modify,
adapt, translate or otherwise create derivative works of the Software
or the Documentation; (ii) reverse engineer, de-compile, disassemble or
otherwise attempt to discover the source code of the Software, except
as expressly permitted by the law in effect in the jurisdiction in
which You are located; (iii) rent, lease, sell, assign or otherwise
transfer rights in or to the Website, the Processing Software, the
Documentation, the Products or the Service; (iv) remove any proprietary
notices or labels on the Software or placed by the Service; or (v) use,
post, transmit or introduce any device, software or routine which
interferes or attempts to interfere with the operation of the Service
or the Software. You will use the Software, Service and Reports solely
for Your own internal use, and will not make the Software or Service
available for timesharing, application service provider or service
bureau use. You will comply with all applicable laws and regulations in
Your use of and access to the Documentation, Software, Service,
Products and Reports.
This license will terminate immediately if You fail to comply with the
terms of this Agreement. Upon such termination, You must cease any
further use of the Service without the express written consent of
6. RESTRICTED PERSONS; ILLEGAL EXPORT OF
You hereby warrant that You are not a Restricted Person. For
purposes of this Agreement, You are a Restricted Person if You or any
officer, director, or controlling shareholder of the entity on behalf
of which You are using the Products is:
a national of or an entity existing under the laws of Cuba, Iran,
Sudan, Syria, or any other country with which U.S. persons are
prohibited from engaging in transactions, as may be determined from
time to time by the U.S. Treasury Department;
identified as a Specially Designated National or institution of primary
money-laundering concern by the U.S. Treasury Department;
on the Denied Persons List or Entity List of the U.S. Commerce
engaged in nuclear, missile, chemical or biological weapons activities
to which U.S. persons may not contribute without a U.S. Government
owned, controlled, or acting on behalf of a Restricted Person. If You
become a Restricted Person during the term of this Agreement, You shall
notify Provider within twenty-four (24) hours, and Provider shall have
the right to terminate any further obligations to You, effective
immediately and with no further liability to You, but without prejudice
to your outstanding obligations to Provider.
You agree that You shall not utilize the Products to conduct or
facilitate any transaction with any Restricted Person, except as may be
expressly authorized in advance in writing by the U.S. Government. You
may not remove or export from the United States or allow the export or
re-export through the Products, or any direct product thereof, any
data, in violation of any restrictions, laws, or regulations of the
United States or any other applicable country.
7. EMAIL, PERMISSION PRACTICES, IMAGE
HOSTING AND PROHIBITED CONTENT
Subscriber Opt Out. Every email message sent through eSB Connector or
other Products to multiple recipients must contain an "unsubscribe"
link that allows recipients to remove themselves from Your mailing
list. You acknowledge and agree that You will not remove, disable or
attempt to remove or disable the link. You shall monitor and then
process unsubscribe requests received by You within ten (10) days of
receipt and update the email addresses to which messages are sent
through Your Account. Under the CAN-SPAM Act of 2003, You acknowledge
that You are responsible for maintaining and honoring the list of
unsubscribe requests following termination of Your Account and this
Permission Practices. You agree to import, access or otherwise use only
permission-based lists in connection with Your use of the Products. You
hereby covenant that You shall not use any other lists in connection
with Your use of the Products. Without limiting the foregoing, You
agree that You shall not utilize the Product to send any commercial
electronic mail message (as that term is defined in the CAN-SPAM Act of
2003) to any person who has opted out or otherwise objected to
receiving such messages from You or another sender on whose behalf You
may be acting. Emails that You send through the Products may generate
spam complaints from recipients. As a matter of privacy, Provider
cannot share with You the email addresses of those who complain about
Your emails. You are responsible for ensuring that Your emails do not
generate a number of spam complaints in excess of industry norms.
Provider, in its sole discretion, shall determine whether your level of
spam complaints is within industry norms, and its determination shall
be final, binding and conclusive for all purposes under this Agreement.
Provider will terminate Your use of its Products if Provider determines
that Your level of spam complaints is higher than industry norms (as
determined by Provider).
Footers. For every email message sent in connection with the Products,
You acknowledge and agree that Provider may add an identifying footer
stating "Email Marketing by eSilverBullet," "Powered by eSilverBullet"
or a similar message.
Documents and Images. Documents and images hosted by Provider on
Servers may only be used in connection with the Products and for no
other purpose whatsoever. To the extent You use images provided by
Provider, Provider hereby grants to You a limited, non-exclusive,
non-transferable right to use the images in an unaltered state solely
in connection with your use of the Products.
Prohibited content. Provider prohibits the use of the Products or
website by any person or entity that:
Provides, sells or offers to sell any of the following products or
content (or services related to the same): pornography or illicitly
pornographic sexual products, including but not limited to magazines,
video and software; escort services; adult dating services; adult
Provides, sells or offers to sell any of the following products or
content (or services related to the same): illegal goods; illegal
drugs; illegal drug contraband; pirated computer programs; instructions
on how to assemble or otherwise make bombs, grenades or other weapons.
Displays or markets material that exploits children, or otherwise
exploits children under 18 years of age.
Provides material that is grossly offensive, including blatant
expressions of bigotry, prejudice, racism, hatred or excessive
profanity or post any obscene, lewd, lascivious, filthy, excessively
violent, harassing or otherwise objectionable content.
Posts or discloses any personally identifying information or private
information about minors without their legal guardians' consent.
Sells or promotes any products or services that are unlawful in the
location at which the content is posted or received.
Introduces viruses, worms, harmful code and/or Trojan horses on the
Engages in any libelous, defamatory, scandalous, threatening, or
Posts any content that advocates, promotes or otherwise encourages
violence against any governments, organizations, groups or individuals
or which provides instruction, information or assistance in causing or
carrying out such violence.
Provides content, including images, of authors, artists, photographers
or others without the express written consent of the content owner.
Right to disable access or remove content. eSilverBullet, at its
own discretion, may immediately disable your access to the Products or
remove all or a portion of your content, without refund, if
eSilverBullet believes in its sole discretion that You have violated
any of the policies listed above or this Agreement.
8. INFORMATION RIGHTS AND PUBLICITY
Provider may retain and use, subject to the terms of its Privacy
information collected in Your use of the Service. Provider will not
share information associated with You or your website with any third
parties unless Provider (i) has Your consent; (ii) concludes that it is
required by law or has a good faith belief that access, preservation or
disclosure of such information is reasonably necessary to protect the
rights, property or safety of Provider, its users or the public; or
(iii) provides such information in certain limited circumstances to
third parties to carry out tasks on Provider's behalf (e.g., billing or
data storage) with strict restrictions that prevent the data from being
used or shared except as directed by Provider. When this is done, it is
subject to agreements that oblige those parties to process such
information only per Provider's instructions and in compliance with
this Agreement and appropriate confidentiality and security measures.
You agree to indemnify, hold harmless and defend Provider at Your
expense, any and all third-party claims, actions, proceedings, and
suits brought against Provider or any of its officers, directors,
employees, agents or affiliates, and all related liabilities, damages,
settlements, penalties, fines, costs or expenses (including, without
limitation, reasonable attorneys' fees and other litigation expenses)
incurred by Provider or any of its officers, directors, employees,
agents or affiliates, arising out of or relating to (i) Your breach of
any term or condition of this Agreement, (ii) Your use of the Service,
(iii) Your violations of applicable laws, rules or regulations in
connection with the Service, or (iv) Your brand features. In such a
case, Provider will provide You with written notice of such claim, suit
or action. You shall cooperate as fully as reasonably required in the
defense of any claim. Provider reserves the right, at its own expense,
to assume the exclusive defense and control of any matter subject to
indemnification by You.
10. THIRD PARTIES
If You provide access to Your Account or any portion thereof to any
third party ("Third Party"), or use the Service to collect information
on behalf of any Third Party whether or not You are authorized to do so
by Provider, the terms of this Section shall apply to You.
If You use the Service on behalf of any Third Party, You represent
and warrant that (a) You are authorized to act on behalf of, and bind
to this Agreement, that Third Party, (b) as between the Third Party and
You, the Third Party owns any rights to Account Data in the applicable
account, and (c) You shall not disclose Third Party's Account Data to
any other party without the Third Party's consent.
You shall ensure that each Third Party is bound by and abides by the
terms of this Agreement. Provider makes no representations or
warranties for the direct or indirect benefit of any Third Party. With
respect to Third Parties, You shall take all measures necessary to
disclaim any and all representations or warranties that may pertain to
Provider, the Service, the Software, the Products or the Reports, or
use thereof. You agree to indemnify, hold harmless and defend Provider
at Your expense, against any and all third-party claims, actions,
proceedings, and suits brought against Provider or any of its officers,
directors, employees, agents or affiliates, and all related
liabilities, damages, settlements, penalties, fines, costs or expenses
(including, without limitation, reasonable attorneys' fees and other
litigation expenses) incurred by Provider, or any of its officers,
directors, employees, agents or affiliates, arising out of or relating
to (a) any representations and warranties made by You concerning any
aspect of the Service, the Software, the Products or Reports to Third
Parties; (b) any claims made by or on behalf of any Third Party
pertaining directly or indirectly to Your use of the Service, the
Software or Reports; (c) violations of Your obligations of privacy to
any Third Party; and (d) any claims with respect to acts or omissions
of Third Parties in connection with the Services, the Software or
11. NO IMPLIED ENDORSEMENTS
In no event shall any reference to any third party or third party
product or service be construed as an approval or endorsement by
Provider of that third party or of any product or service provided by a
12. DISCLAIMER OF WARRANTIES
The information and services included in or available through the
Service, including the Reports and Products, may include inaccuracies
or typographical errors. Changes are periodically added to the
information herein. Provider and/or its respective suppliers may make
improvements and/or changes in the Service, Products or Software at any
time, with or without notice. Provider does not represent or warrant
that the Service will be uninterrupted or error-free, that defects will
be corrected, or that the Service, the Software, the Products or any
other software on the Server are free of viruses or other harmful
components. Provider does not warrant or represent that the use of the
Service, Products or the Reports will be correct, accurate, timely or
otherwise reliable. You specifically agree that Provider and service
partners shall not be responsible for unauthorized access to or
alteration of the Account Data or data from Your Account.
THE SERVICE, THE SOFTWARE, PRODUCTS AND REPORTS ARE PROVIDED "AS IS"
AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY
PROVIDER, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE
SERVICE, THE SOFTWARE, THE DOCUMENTATION, THE PRODUCTS AND REPORTS,
INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY
WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR
TRADE USAGE. PROVIDER DOES NOT WARRANT THAT THE SERVICE, THE SOFTWARE,
THE PRODUCTS OR REPORTS WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR
THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED. THE FOREGOING
EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND
FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICE.
SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS
DISCLAIMER MAY NOT APPLY TO YOU.
13. LIMITATION OF LIABILITY
PROVIDER WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY CLAIMANT FOR
ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT
LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE),
OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT,
WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY
STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF
PROVIDER AND/OR ITS SUBSIDIARIES AND AFFILIATES HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS
PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY
PROVIDED IN THE FOLLOWING PARAGRAPH. SOME STATES DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING
PARAGRAPH MAY NOT APPLY TO YOU.
Provider's (and its service partners') total cumulative liability to
You or any other party for any loss or damages resulting from any
claims, demands, or actions arising out of or relating to this
Agreement shall not exceed five hundred (500) dollars U.S.
14. SERVICE LEVELS
Provider does not guarantee the Service will be operable at all
times or during any down time (1) caused by outages to any public
Internet backbones, networks or servers, (2) caused by any failures of
Your equipment, systems or local access services, (3) for previously
scheduled maintenance or (4) relating to events beyond Provider's (or
its service partners') control such as strikes, riots, insurrection,
fires, floods, explosions, war, governmental action, labor conditions,
earthquakes, natural disasters, or interruptions in Internet services
to an area where Provider (or its service partners) or Your servers are
located or co-located. Complete accuracy in all aspects of Your Reports
at all times is also not guaranteed.
15. PROPRIETARY RIGHTS NOTICE
The Service, which includes but is not limited to the eSilverBullet
website, eSB Builder, eSB Composite and eSB Connector, and all intellectual
property rights in the Service are, and shall remain, the property of
Provider. All rights in and to the Processing Software not expressly
granted to You in this Agreement are hereby expressly reserved and
retained by Provider without restriction, including without limitation
Provider's right to sole ownership of the Software and Documentation.
Without limiting the generality of the foregoing, You agree not to (and
to not allow any third party to): (a) sublicense, distribute, or use
the Service outside of the scope of the license granted herein; (b)
copy, modify, adapt, translate, prepare derivative works from, reverse
engineer, disassemble, or decompile the Processing Software or
otherwise attempt to discover any source code or trade secrets related
to the Service; (c) 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 Service for
any purpose without the express written consent of Provider; (d)
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 Provider other than in the name of eSilverBullet; or
(e) remove, obscure, or alter any notice of copyright, trademark, or
other proprietary right appearing in or on any item included with the
16. U.S. GOVERNMENT RIGHTS
If the use of the Service 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) ("Government"), 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 Software, including its rights to use, modify, reproduce,
release, perform, display or disclose the Software or Documentation,
will be subject in all respects to the commercial license rights and
restrictions provided in this Agreement.
17. TERM AND TERMINATION
1. Termination. Either party may terminate this Agreement at any time and for any
reason. Upon any termination or expiration of this Agreement, Provider
will cease providing the Service. In the event of any termination (a)
You will not be entitled to any refunds of any usage fees or any other
fees for the month in which termination occurs, (b) You will be
entitled to refunds of any usage fees for future months that You have
pre-paid, and (c) all of Your Account Data will no longer be available
to You, and (d) any (i) outstanding balance for Service rendered
through the date of termination, and (ii) other unpaid payment
obligations during the remainder of the initial term will be
immediately due and payable in full and. Provider reserves the right to
remove Your Account if You signed up with a fake email address or phone
2. Promotional terms for domain name registration. Use of promotional discounted domain names requires the completion of 6 months contiguous Builder subscription from the date of promotion sign up. If user ceases to maintain an active Builder account during the 6 month term, user will be charged at the non promotional price.
18. MODIFICATIONS TO TERMS OF SERVICE AND
Provider reserves the right to change or modify any of the terms and
conditions contained in this Agreement or any policy governing the
Service, at any time, by posting the new agreement to the site located
at www.eSilverBullet.com (or
such other URL as Provider may provide). You are responsible for
regularly reviewing the policy. No amendment to or modification of this
Agreement will be binding unless (i) in writing and signed by a duly
authorized representative of Provider, (ii) You accept updated terms
online, or (iii) You continue to use the Service after Provider has
posted updates to the Agreement or to any policy governing the Service.
19. NOTICE AND TAKE-DOWN PROCEDURES;
If You believe any materials accessible on or from this website or
the Products infringe your copyright or other intellectual property,
You may request removal of those materials (or access thereto) from
this website or the Products by contacting Provider's copyright agent
(identified below) and providing the following information:
- Identification of the copyrighted work that You believe to be
infringed. Please describe the work, and where possible include a copy
or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that You believe to be infringing
and its location. Please describe the material, and provide us with its
URL or any other pertinent information that will allow us to locate the
- Your name, address, telephone number and (if available) email
- A statement that You have a good faith belief that the complained
of use of the materials is not authorized by the copyright owner, its
agent, or the law.
- A statement that the information that You have supplied is
accurate, and indicating that "under penalty of perjury," You are the
copyright owner or are authorized to act on the copyright owner's
- A signature or the electronic equivalent from the copyright
holder or authorized representative.
Provider's agent for copyright issues relating to this website and
the products is as follows:
2036 Lincoln Ave. Suite #104
Ogden, UT 84401
In an effort to protect the rights of copyright owners, Provider
maintains a policy for the termination, in appropriate circumstances,
of subscribers and account holders of this web site who are repeat
20. OPEN POSITIONS ON WEBSITE
Provider may list open employment positions on this website. Any
such postings are for informational purposes only and are subject to
change without notice. You should not construe any information on this
website or made available through this website as an offer for
employment. Nor should You construe anything on this website as a
promotion or solicitation for employment not authorized by the laws and
regulations of your locale.
21. MISCELLANEOUS; APPLICABLE LAW AND
Provider shall be excused from performance hereunder to the extent
that performance is prevented, delayed or obstructed by causes beyond
its reasonable control. This Agreement (including any amendment agreed
upon by the parties in writing) represents the complete agreement
between us concerning its subject matter, and supersedes all prior
agreements and representations between the parties. SEVERABILITY: If
any provision of this Agreement is held to be unenforceable for any
reason, such provision shall be reformed to the extent necessary to
make it enforceable to the maximum extent permissible so as to affect
the intent of the parties, and the remainder of this Agreement shall
continue in full force and effect. This Agreement shall be governed by
and construed under the laws of the state of Utah without reference to
its conflict of law principles. In the event of any conflicts between
foreign law, rules, and regulations, and Utah law, rules, and
regulations, Utah law, rules and regulations shall prevail and govern.
Each party agrees to submit to the exclusive and personal jurisdiction
of the courts located in Salt Lake County, Utah. The United Nations
Convention on Contracts for the International Sale of Goods and the
Uniform Computer Information Transactions Act shall not apply to this
Agreement. The Software is controlled by U.S. Export Regulations, and
it may be not be exported to or used by embargoed countries or
individuals. Any notices to Provider must be sent to: eSilverBullet,
2036 Lincoln Ave Ste 104, Ogden, UT 84401, USA, with a copy to Legal
Department, via first class or air mail or overnight courier, and are
deemed given upon receipt. A waiver of any default is not a waiver of
any subsequent default. You may not assign or otherwise transfer any of
Your rights hereunder without Provider's prior written consent, and any
such attempt is void. The relationship between Provider and You is not
one of a legal partnership relationship, but is one of independent
contractors. This Agreement shall be binding upon and inure to the
benefit of the respective successors and assigns of the parties hereto.
The Terms and Conditions of this Agreement will survive any termination
thereof, unless expressly stated within a section, or if the terms of a
section are prohibited survivability by the applicable legal authority
defined herein, with all other remaining sections governed by the
accepted terms of Severability found in this section.
Updated April 16, 2012.