WEBSITE SETUP AND HOSTING AGREEMENT - TERMS OF SERVICE
These Terms of Service (the “Agreement”) are an agreement between Exit Row Solutions, Inc. ("Exit Row Solutions" or “us” or “our” or “we”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Exit Row Solutions (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
Section 1 – TRANSFERS & IMPLEMENTATION
Exit Row Solutions will assist you with the transfer of your website domain to our platform. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. In no event shall Exit Row Solutions be held liable for any lost hosting support resulting from a transfer to or from Exit Row Solutions. You or your current or new hosting provider are solely responsible for timely transfer of your domain.
Section 2 – EXIT ROW SOLUTIONS CONTENT
Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "Exit Row Solutions Content"), are the proprietary property of Exit Row Solutions or Exit Row Solutions’ licensors. Exit Row Solutions Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Exit Row Solutions Content. Any use of Exit Row Solutions Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any Exit Row Solutions Content. All rights to use Exit Row Solutions Content that are not expressly granted in this Agreement are reserved by Exit Row Solutions and Exit Row Solutions’ licensors.
Section 3 – USER CONTENT
You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Exit Row Solutions that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
Solely for purposes of providing the Services, you hereby grant to Exit Row Solutions a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, Exit Row Solutions does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
Exit Row Solutions exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Exit Row Solutions’ computers, network hubs and points of presence or the Internet. Exit Row Solutions does not monitor User Content. However, you acknowledge and agree that Exit Row Solutions may, but is not obligated to, immediately take any corrective action in Exit Row Solutions’ sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Exit Row Solutions shall have no liability due to any corrective action that Exit Row Solutions may take.
Section 4 – THIRD PARTY PRODUCTS AND SERVICES
Third Party Providers
Exit Row Solutions may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing. Exit Row Solutions does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. Exit Row Solutions is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
Exit Row Solutions as Reseller or Licensor
Exit Row Solutions may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services ("Non-Exit Row Solutions Products"). Exit Row Solutions shall not be responsible for any changes in the Services that cause any Non-Exit Row Solutions Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-Exit Row Solutions Products, either sold, licensed or provided by Exit Row Solutions to you will not be deemed a breach of Exit Row Solutions’ obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-Exit Row Solutions Product are limited to those rights extended to you by the manufacturer of such Non-Exit Row Solutions Product. You are entitled to use any Non-Exit Row Solutions Product supplied by Exit Row Solutions only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-Exit Row Solutions Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-Exit Row Solutions Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
Third Party Websites
The Services may contain links to other websites that are not owned or controlled by Exit Row Solutions ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.
Section 5 – ACCOUNT SECURITY AND EXIT ROW SOLUTIONS SYSTEMS
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions to the most restrictive as possible. You are ultimately responsible for all actions taken under your account. This includes the compromise of credentials such as user name and password. You are required to use a secure password.
The Services, including all related equipment, networks and network devices are provided only for authorized customer use. Exit Row Solutions may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. Exit Row Solutions may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by Exit Row Solutions of an issue, we reserve the right to leave access to services disabled.
Exit Row Solutions reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
Section 6 – HIPAA DISCLAIMER
Exit Row Solutions’ services do not comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”).
You are solely responsible for compliance with all applicable laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services are not appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Exit Row Solutions does not control or monitor the information or data you store on, or transmit through, our Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with HIPAA. Customers requiring secure storage of “Protected Health Information” as defined under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to “protected health information,” is a material violation of this Agreement, and grounds for immediate account termination. Exit Row Solutions does not sign “Business Associate Agreements” and you agree that Exit Row Solutions is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, contact us at support@exitrowsolutions.com.
Section 7 – COMPATIBILITY WITH THE SERVICES
You agree to cooperate fully with Exit Row Solutions in connection with Exit Row Solutions’ provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, Exit Row Solutions is not responsible for any delays due to your failure to timely perform your obligations.
You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by Exit Row Solutions to provide the Services, which may be changed by Exit Row Solutions from time to time in our sole discretion.
Section 8 – BILLING AND PAYMENT INFORMATION
Payment
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
Auto Renewal
Unless otherwise provided, you agree that until and unless you notify Exit Row Solutions of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your billing information on file with us.
Taxes
Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to Exit Row Solutions’ invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
Late Payment
All invoices must be paid within fifteen (15) days of the invoice due date. Any invoice that is outstanding for more than fifteen (15) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Exit Row Solutions may suspend or terminate your account and pursue the collection costs incurred by Exit Row Solutions, including without limitation, any arbitration and legal fees, and reasonable attorneys' fees. Exit Row Solutions will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
Domain Registration & SSL Certificate Payments
Domain registration and SSL certificates can be secured directly with Exit Row Solutions for an additional charge. Exit Row Solutions is not responsible for a failure to renew a domain or SSL certificate or a failure to notify a customer about a domain's or SSL certificate’s renewal. Domain and SSL certificates renewals are billed and renewed fifteen (15) days before the renew date.
Fraud
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Exit Row Solutions may report any such misuse or fraudulent use, as determined in Exit Row Solutions’ sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
Invoice Disputes
You have sixty (60) days to dispute any charge or payment processed by Exit Row Solutions. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
Section 9 – CANCELLATIONS AND REFUNDS
Refunds
Refunds will only be issued for basic shared hosting services and will not include administrative fees, implementation fees, SSL certificates, domain registration or for custom software or other setup fees, nor will they include any fees for any other additional services.
Cancellation Process
You may terminate or cancel the Services by giving Exit Row Solutions written notice via the cancellation form provided. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) Exit Row Solutions may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement. Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes.
Domains & SSL Certificates
Domain and SSL certificate renewals are billed and renewed fifteen (15) days before the renewal date. It is your responsibility to notify Exit Row Solutions’ Billing department via a support ticket created to cancel any domain or SSL certificate registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain or SSL certificate is renewed. All domain and SSL certificate registrations and renewals are final.
Termination
Exit Row Solutions may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm Exit Row Solutions or others or cause Exit Row Solutions or others to incur liability, as determined by Exit Row Solutions in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, Exit Row Solutions shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, Exit Row Solutions may charge you for all fees due for the Services for the remaining portion of the then current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.
Section 10 – CPU, BANDWIDTH AND DISK USAGE
All use of hosting space provided by Exit Row Solutions is subject to the terms of this Agreement.
Hosting space may only be used for web files and content of User Websites. Hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. Exit Row Solutions expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. Exit Row Solutions may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of Exit Row Solutions’ terms and conditions.
Section 11 – UPTIME GUARANTEE
If your hosted environment has a physical downtime that falls short of the 99.5% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of Exit Row Solutions and may be dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the Exit Row Solutions’ reports and technical environment which may differ from the uptime reported by other individual services. To request a credit, please our support department with justification within thirty (30) days of the end of the month for which you are requesting a credit.
Section 12 – PRICE CHANGE
Exit Row Solutions reserves the right to change prices, the monthly payment amount, or any other charges at any time following the first twelve (12) month term of this Agreement. We will provide you with at least thirty (30) days’ notice before charging you with any price change.
Section 13 – LIMITATION OF LIABILITY
IN NO EVENT WILL EXIT ROW SOLUTIONS, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF EXIT ROW SOLUTIONS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EXIT ROW SOLUTIONS’ LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO EXIT ROW SOLUTIONS FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
Section 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Exit Row Solutions, our affiliates, and their respective officers, directors, employees and agents (each an "Indemnified Party" and, collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
Section 15 – ARBITRATION
By using the Services, you hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning or arising out of this Agreement. The arbitration will be conducted before a single arbitrator chosen by Exit Row Solutions and will be held at the AAA location chosen by Exit Row Solutions in California. Payment of all filing, administrative and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Exit Row Solutions will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this paragraph. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The arbitrator’s authority to resolve and make written awards is limited to claims between you and Exit Row Solutions alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against Exit Row Solutions in violation of this paragraph, you agree to pay Exit Row Solutions’ reasonable costs and attorneys’ fees incurred in connection with our enforcement of this paragraph.
Section 16 – INDEPENDENT CONTRACTOR
Exit Row Solutions and User are independent contractors and nothing contained in this Agreement places Exit Row Solutions and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
Section 17 – GOVERNING LAW; JURISDICTION
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State of California. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Section 18 – DISCLAIMER
Exit Row Solutions shall not be responsible for any damages your business may suffer. Exit Row Solutions makes no warranties of any kind, expressed or implied for the Services. Exit Row Solutions disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Exit Row Solutions or our employees.
Section 19 – BACKUPS AND DATA LOSS
Your use of the Services is at your sole risk. Exit Row Solutions’ backup service runs once a night and overwrites any of our previous backups. Only one week of backups are kept at a time. This service is only provided as a courtesy and may be modified or terminated at any time at Exit Row Solutions’ sole discretion. Exit Row Solutions is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on Exit Row Solutions’ servers.
Section 20 – LIMITED WARRANTY
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, EXIT ROW SOLUTIONS AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. EXIT ROW SOLUTIONS AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. EXIT ROW SOLUTIONS AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
Section 21 – DISCLOSURE TO LAW ENFORCEMENT
Exit Row Solutions may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.
Section 22 – HEADINGS
The headings herein are for convenience only and are not part of this Agreement.
Section 23 – CHANGES TO THE AGREEMENT OR THE SERVICES
Exit Row Solutions may modify, add, or delete portions of this Agreement at any time. You will be notified of any changes made this is Agreement. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
Exit Row Solutions reserves the right to modify, change, or discontinue any aspect of the Services at any time.
Section 24 – SEVERABILITY
If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
Section 25 – WAIVER
No failure or delay by you or Exit Row Solutions to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
Section 26 – ASSIGNMENT; SUCCESSORS
You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of Exit Row Solutions. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. Exit Row Solutions may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Section 27 – FORCE MAJEURE
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
Section 28 – THIRD-PARTY BENEFICIARIES
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.
Section 29 – ENTIRE AGREEMENT
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.