ENTEK Screw Designer BETA


Please read the following license agreement, and check the box to agree to the terms of use:

TERMS OF USE
(Effective March 11, 2016)

1. INTRODUCTION AND ACCEPTANCE
Welcome to the ENTEK Screw Designer ("Software Tool," which includes, without limitation, any third-party software, in whole or in part), an interactive online software tool operated by ENTEK International LLC (“ENTEK,” "us," "we," or "our").

Please read these terms of use (the “Terms of Use”) carefully before using the software tool. By accessing and/or using the Software Tool (other than to read these Terms of Use for the first time) you are agreeing to comply with these Terms of Use, which may change from time to time as set forth in Section 16 below. If you do not agree to be bound by these Terms of Use, do not access or use the Software Tool.

In addition to these Terms of Use, your use is also bound by the terms of use found at the entek.com website, which are incorporated by reference (the “Website TOU”). Our privacy policy explains how we collect and use information about you. A copy of this Privacy Policy can be found here (the “Privacy Policy”) and is incorporated by reference into these Terms of Use. By accessing or using the Software Tool, you are also signifying your acknowledgement and agreement to our Privacy Policy. To the extent there is any conflict between these Terms of Use and the Website TOU and/or the Privacy Policy, the terms of these Terms of Use shall govern.

2. INTELLECTUAL PROPERTY The Software Tool and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, music, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the “Software Tool Content”) and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on the Software Tool are owned by us, our licensors, or both. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in the Software Tool or any Software Tool Content. Any rights not expressly granted in these Terms of Use are expressly reserved.

3. SOFTWARE TOOL ACCESS AND USE (A) Access to the Software Tool including, without limitation, the Software Tool Content is provided for your information and personal, non-commercial use only. When using the Software Tool, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Software Tool Content for any purpose whatsoever without obtaining prior written consent from us or, in the case third-party content, its respective owner. In certain instances, we may permit you to export, download, save, or print Software Tool Content or both. In such a case, you may export, download, save or print (as applicable) one copy of Software Tool Content for your personal, non-commercial use only; though indirect commercial use of the Software Tool Content is permitted as consistent with this agreement and our purposes for providing the Software Tool to you. For purposes of clarity and without limiting the foregoing sentence, you may download such Software Tool Content to inform the screw designs created through the Software Tool and used in commercial context, but you may not make commercial use of the Software Tool Content itself (e.g., in a fashion competitive to us). You acknowledge that you do not acquire any ownership rights by downloading or printing Software Tool Content. (B) Furthermore, except as expressly permitted in these Terms of Use, you may not: i. remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Software Tool or Software Tool Content; ii. circumvent, disable or otherwise interfere with security-related features of the Software Tool including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Software Tool or Software Tool Content; iii. use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Software Tool or Software Tool Content for any purpose without our express written permission. Notwithstanding the foregoing, we grant public search engine operators permission to use automatic devices (such as robots or spiders) to copy Software Tool Content from the Software Tool for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Software Tool Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time; iv. collect or harvest any personally identifiable information from the Software Tool including, without limitation, user names, passwords, email addresses; v. solicit other users to join or become members of any commercial online service or other organization without our prior written approval; vi. attempt to or interfere with the proper working of the Software Tool or impair, overburden, or disable the same; vii. decompile, reverse engineer, or disassemble any portion of any the Software Tool; viii. use network-monitoring software to determine architecture of or extract usage data from the Software Tool; ix. encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Account (as defined in Section 4(B)) without permission, etc.); x. violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or xi. engage in any conduct that restricts or inhibits any other user from using or enjoying the Software Tool. (C) You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use. (D) The Software Tool may include certain third-party licensors’ software that is subject to additional information, terms, and/or licenses for such portions of the Software Tool, as follows: i. MIT Materials. Portions of the Software Tool may make some use of the jQuery software (Copyright jQuery Foundation and other contributors), jQuery UI software (Copyright jQuery Foundation and other contributors), and Bootstrap.js software (Copyright (c) 2011-2016 Twitter, Inc.) (collectively, the “MIT Materials”). To the extent the substantial portions of the MIT Materials are included in the Software Tool (and does not constitute ENTEK’s own proprietary software), permission is hereby granted, free of charge, to any person obtaining a copy of the MIT Materials, to deal in the MIT Materials without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the MIT Materials, and to permit persons to whom the MIT Materials is furnished to do so, subject to the following conditions: (1) The above copyright notice and this permission notice shall be included in all copies or substantial portions of the MIT Materials; and, without limiting any other provision of these Terms of Use, (2) THE MIT MATERIALS ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE MIT MATERIALS OR THE USE OR OTHER DEALINGS IN THE MIT MATERIALS. ii. LGPL Materials. Portions of the Software Tool may make some use of the PHPExcel software (Copyright PHPExcel), (the “LGPL Materials”). To the extent the LGPL Materials are included in the Software Tool (and does not constitute ENTEK’s own proprietary software), such LGPL Materials are, without limiting any other waiver of warranty provision herein, offered without any warranty, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. The LGPL Materials may be available at https://phpexcel.codeplex.com/, and your use of the LGPL Materials is subject to additional and separate terms and conditions. iii. Apache Materials. Portions of the Software Tool may make some use of the Babylon.js software (Copyright BabylonJS), (the “Apache Materials”). To the extent the Apache Materials are included in the Software Tool (and does not constitute ENTEK’s own proprietary software), you are hereby provided a link to a copy of the Apache 2.0 license.

4. USER REGISTRATION (A) In order to access or use some features of the Software Tool, you may have to become a registered user. If you are under the age of thirteen, then you are not permitted to register as a user or otherwise submit personal information unless we receive appropriate consent from your parent or guardian. You agree that ENTEK has the right to require user registration at any time, even where the Software Tool was previously available without registration. (B) If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (an “Account”), which may permit you access to certain areas of the Software Tool not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Account. You are solely responsible for the activity that occurs under your Account, whether or not you have authorized the activity. You agree to notify us immediately at security@entek.com of any breach of security related to the Software Tool or unauthorized use of your Account.

5. USER CONTENT (A) We may now or in the future permit users to create, post, save, upload, transmit through, or otherwise make available on the Software Tool (collectively, “submit”) messages, text, illustrations, files, images, graphics, comments, data, information, content, plans, inventions, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Software Tool. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same. (B) You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit. (C) You represent, warrant, and covenant that you will not submit any User Content that: i. violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;

ii. impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;

iii. encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;

iv. includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;

v. is a solicitation of funds or an advertisement for goods or services;

vi. contains a code, formula, instruction, or advice that could cause harm or injury; or

vii. is a chain letter of any kind.

Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Software Tool will not be permitted. (D) By submitting User Content to us, simultaneously with such posting you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, practice, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with the Software Tool and our business; and (2) in connection with the businesses of our successors, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of the Software Tool and these Terms of Use. (E) By submitting User Content, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name in connection with broadcast, print, online, or other use or publication of your User Content. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content. (F) We reserve the right to display advertisements and other materials (including, without limitation, third-party materials) in connection with your User Content and to use your User Content for research and development, software maintenance, performance analysis, and advertising and promotional purposes. (G) We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content, including, without limitation, content saved on the system.

6. SOFTWARE TOOL CONTENT & THIRD PARTY HYPERLINKS (A) We provide the Software Tool as a tool to help you in the screw design process, but you must not rely on any information and opinions provided on or through the Software Tool for any purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of the Software Tool and the Software Tool Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Software Tool Content. (B) In some instances, Software Tool Content may include content created or posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Software Tool by any such third parties. (C) Any regulatory compliance information that may be posted is not intended to be a substitute for professional advice. We do not endorse or warrant the validity of any such compliance-related statements found on this Software Tool or in any in third party sites referenced in the Software Tool. This information should be treated as general in nature and is subject to your evaluation and determination of the accuracy, timeliness, completeness, or usefulness for your purposes. Never disregard professional advice or delay in seeking it because of something you have seen on or through the Software Tool. (D) If there is a dispute between persons accessing the Software Tool or between persons accessing the Software Tool and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release ENTEK its officers, directors, employees, parents, partners, successors, agents, affiliates, licensors, subsidiaries, and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute. (E) The Software Tool may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.

7. INDEMNIFICATION You agree to indemnify and hold harmless ENTEK and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, licensors, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of the Software Tool, Software Tool Content, and/or any User Content; (ii) User Content provided by you or through use of your Account; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

8. DISCLAIMERS

YOU EXPRESSLY AGREE THAT USE OF THE SOFTWARE TOOL AND SOFTWARE TOOL CONTENT IS AT YOUR SOLE RISK. THE SOFTWARE TOOL AND SOFTWARE TOOL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, ENTEK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, LICENSORS, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE SOFTWARE TOOL AND/OR SOFTWARE TOOL CONTENT WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE SOFTWARE TOOL OR SOFTWARE TOOL CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR SOFTWARE TOOL OR ACCESSED THROUGH THE SOFTWARE TOOL; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE TOOL AND/OR SOFTWARE TOOL CONTENT; (6) WARRANTIES THAT YOUR USE OF THE SOFTWARE TOOL AND/OR SOFTWARE TOOL CONTENT WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE TOOL AND/OR SOFTWARE TOOL CONTENT WILL BE CORRECTED.

9. LIMITATION ON LIABILITY (A) UNDER NO CIRCUMSTANCES SHALL ENTEK OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, LICENSORS, SUBSIDIARIES, OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ENTEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE SOFTWARE TOOL OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SOFTWARE TOOL, INCLUDING, WITHOUT LIMITATION, THE SOFTWARE TOOL CONTENT, IS TO STOP USING THE SOFTWARE TOOL. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE SOFTWARE TOOL OR ANY LINKS ON THE SOFTWARE TOOL, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE SOFTWARE TOOL OR ANY LINKS ON THE SOFTWARE TOOL. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE SOFTWARE TOOL. (B) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF ENTEK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, LICENSORS, SUBSIDIARIES, AND THEIR RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS FOR USE OF THE SOFTWARE TOOL RECEIVED FROM YOU BY ENTEK DURING THE PRECEDING TWELVE (12) MONTH PERIOD, IF ANY, OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF THE SOFTWARE TOOL OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. (C) In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.

10. TERMINATION (A) We reserve the right in our sole discretion and at any time to terminate or suspend your Account and/or block your access to the Software Tool and Software Tool Content for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that ENTEK shall not be liable to you or any third party for any termination or suspension of your Account or for blocking your access to the Software Tool and Software Tool Content. (B) Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Account or these Terms of Use shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action, no trial by jury and all of the miscellaneous provisions in Section 17.

11. COPYRIGHT POLICY We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Account of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.

12. CHOICE OF LAW; JURISDICTION AND VENUE These Terms of Use shall be construed in accordance with the laws of the State of Oregon without regard to its conflict of laws rules. Any legal proceedings against ENTEK that may arise out of, relate to, or be in any way connected with our Software Tool or these Terms of Use shall be brought exclusively in the state and federal courts of Multnomah County and you waive any jurisdictional, venue, or inconvenient forum objections to such courts and hereby submit to the exclusive jurisdiction of such courts.

13. DISPUTE RESOLUTION & MANDATORY ARBITRATION (A) We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by contacting us at: 200 Hansard Ave., Lebanon, OR 97355 Attn: General Counsel . We will contact you based on the contact information you have provided us or that we obtain by other means.

(B) If after 30 days the parties are unable to resolve any dispute raised under the previous provision, the dispute may be submitted to arbitration consistent with this Section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.

(C) We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at 949-224-1810.

(D) We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.

(E) Exception to Arbitrate. Either of us may bring qualifying claims in small claims court. Further, pursuant to Section 14 below, we each agree that any arbitration will be solely between you and ENTEK, not as part of a classwide claim (i.e., not brought on behalf of or together with another individual's claim). If for any reason any court or arbitrator holds that this restriction in Section 13 is unconscionable or unenforceable, then our agreement to arbitrate does not apply and the classwide dispute must be brought in court.

14. NO CLASS ACTIONS TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

15. NO TRIAL BY JURY TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

16. AMENDMENT; ADDITIONAL TERMS (A) We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Software Tool or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the Software Tool generally, unique parts of the Software Tool, or both (“Additional Terms”). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control. (B) Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice by posting on the Software Tool or, in ENTEK’s sole discretion, by notification by email or conventional mail. It is your responsibility to review the Terms of Use and the Software Tool from time to time for any changes or Additional Terms. Your access and use of any the Software Tool following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of the Software Tool and, if applicable, terminate your Account.

17. MISCELLANEOUS (A) No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. (B) Except where specifically stated otherwise (e.g., Section 13(E)), if any part of these Terms of Use is unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected. So, for example, if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that provision and that the remaining terms of these Terms of Use shall remain in force. (C) These Terms of Use (including the Website TOU, Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter. (D) You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.
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