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

These terms of use are between eSilverBullet (the "Provider") and 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 ESILVERBULLET SERVICE.

The Service is offered to You wholly conditional to your acceptance without modification of the terms, conditions, and notices contained herein.

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.

2. GLOSSARY

"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 eSilverBullet modules.

"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:

1.      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.

2.      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.

3.      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.

4.      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 third-party agreements.

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:

1.      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.

2.      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 Provider.

6. RESTRICTED PERSONS; ILLEGAL EXPORT OF DATA

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:

1.      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;

2.      identified as a Specially Designated National or institution of primary money-laundering concern by the U.S. Treasury Department;

3.      on the Denied Persons List or Entity List of the U.S. Commerce Department;

4.      engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license; or

5.      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

1.      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 Agreement.

2.      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).

3.      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.

4.      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.

5.      Prohibited content. Provider prohibits the use of the Products or website by any person or entity that:

1.  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 "swinger" promotions.

2.  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.

3.  Displays or markets material that exploits children, or otherwise exploits children under 18 years of age.

4.  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.

5.  Posts or discloses any personally identifying information or private information about minors without their legal guardians' consent.

6.  Sells or promotes any products or services that are unlawful in the location at which the content is posted or received.

7.  Introduces viruses, worms, harmful code and/or Trojan horses on the Internet.

8.  Engages in any libelous, defamatory, scandalous, threatening, or harassing activity.

9.  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.

10.  Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner.

6.      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 Policy, 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.

9. INDEMNIFICATION

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 Reports.

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 third party.

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 Service.

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 number.

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 OTHER POLICIES

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; COPYRIGHT AGENT

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:

1. 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.
2. 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 material.
3. Your name, address, telephone number and (if available) email address.
4. 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.
5. 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 behalf.
6. 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:

Brian Burnett
eSilverBullet
2036 Lincoln Ave. Suite #104
Ogden, UT 84401

Email: info@esilverbullet.com

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 infringers.

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 VENUE

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.