Terms Of Use

The following are the terms and conditions that apply to your use of the Services (as defined below) offered and provided by Bizillion Ltd., a company incorporated under the laws of the State of Israel with principal mailing address at Abirim, Israel, P.O.B 87, 1380600, and any of its affiliates (“Bizillion”).

The use of, and access to the Bizillion website at https://thebiz.me/, as well as Client pages generated with the Link App (collectively, the “Website”) and/or its products, services, mobile applications as described in Section ‎1.1 below (the “Bizillion Apps“, and together with the Website, the “Service“) offered to you (the “Client“). The use and access to the Service are conditioned upon your acceptance without any modification of the terms of use set forth herein, including the terms of the Privacy Policy which are incorporated herein by reference (and together, the “Terms“), and govern the access to, and use of, the Service and constitute a binding legal agreement between the Client and Bizillion. These Terms apply regardless of how Client access the Service, including any technologies or devices by which Bizillion makes the Services available. By clicking on the “I accept” button, Client hereby waives any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.

Client must read these Terms carefully. By accessing the Website, Bizillion Apps and/or engaging Bizillion’s Services, Client hereby confirms that he/she has read, understood, and agreed to these Terms in their entirety.

If Client does not agree to these Terms in their entirety, please do not use or access the Service.

Bizillion may, at any time, cease providing any, or all, of the Services at its sole discretion and without notice.

Any Client which accepts or agrees to these Terms on behalf of a corporation or any other legal entity (the “Legal Entity“), represents and warrants that it has the authority to bind that certain Legal Entity to these Terms which shall apply to that certain Legal Entity.

Bizillion and Client may each be referred to herein as a “Party” and collectively as the “Parties”.

  1. SERVICES
    • Bizillion offers Client access to Bizillion’s online Services which include marketing solutions for small business, such as the Bizillion’s Watermark App, Logo Maker App, Poster Maker App, Link App and the content of the Website.
    • To explore the possibility of benefiting from our Services, a potential Client needs to go to our Website (which provides links to) Apple Store or Google Store, or other platforms as may be made available by Bizillion, from time to time, and download the desired Bizillion App, and set up a user account (the “Account”), which will require him/her to provide some compulsory personal information, as follows:
      • Creating an Account.
        • To create an Account, the potential Client may be required to provide his/her email address, telephone/mobile number and set a password to access his/her personal dashboard.
        • Bizillion reserves the right to reject any Client, delete or suspend such access at any time for any reason or no reason at all.
      • It is Client’s responsibility to always maintain his/her password and Account information in strict confidence. Bizillion shall not be liable to Client or any person for any loss or damage which may arise as a result of any failure by Client to protect his/her password or account information.
      • It is Client’s responsibility to maintain backups of any information uploaded to his/her Account, including any Client Content. Bizillion shall not be liable to Client or any person for any loss or damage which may arise as a result of any failure by Client to maintain such backups.
      • Bizillion reserves the right to delete or suspend access to any Account , if any of the following occurs: (i) Client has materially breached these Terms; (ii) Bizillion is required to do so to comply with a legal requirement or a court order; (iii) Bizillion reasonably believes that Client’s conduct while using any of the Services causes harm or liability to a user, third party, or to Bizillion — for example, by hacking to other accounts, harassing, misleading others, scraping content that doesn’t belong to Client or infringing any third party’s rights; (iv) Bizillion decides to terminate one or more of the Services at any time; (v) due to Account’s prolonged inactivity; (vi) Bizillion reasonably believes that the provision of the Services to Client is no longer commercially viable.
      • Please see Bizillion’s Privacy Policy for more information on how Bizillion uses and stores personal information.
      • Client hereby confirms that all the data provided by him/her to Bizillion is true, accurate and up to date in all respects and at all times. Client may update or correct his/her details at any time by going to his/her Account.
      • Client understands that Bizillion does not offer any warranty or representation that the use of the Service will achieve any particular result. The Client further agrees and acknowledges that the Service is not intended to be used as the sole basis for any business decision, and if Client decides to use Bizillion’s Service it does so at its own risk and on an “as is” basis.
      • Client acknowledges that Bizillion assumes no responsibility and expressly disclaim all warranties of any kind as to the overall integrity and quality of information provided by, or to, the Client, and that Bizillion cannot guarantee the accuracy or timeliness of data presented through the Website, or any possible implications derived thereby.
      • Links To Third Party Websites.
        • Bizillion may place links to other websites and resources provided by third parties via the Services that might offer to purchase goods or services, including links contained in advertisements, banner advertisements and sponsored links (the “Third-Party Services”). Such links are provided for Client’s convenience If Client decides to click on a link to a third-party websites and resources through the Service, Client’s activity and use on the linked websites and resources is governed by that website’s policies, not by those of Bizillion.
        • Bizillion disclaims any and all liability or responsibility for any Third-Party Services accessed through the Service, including any third-party online property to which the Service links. Bizillion does not endorse any Third-Party Services and if Client decides to access or use any Third-Party Services it does so at its own risk and subject to the terms and conditions of use for such Third-Party Services.
        • Additional terms and conditions may apply to specific offers or features offered through the Service. All such additional terms and conditions are hereby incorporated by reference into these Terms.
  1. LICENSE
    • Subject to Client’s continued compliance with these Terms (including, for avoidance of any doubt, payment of the applicable subscription fees), Bizillion hereby grants, and Client hereby accepts, a limited, personal, non-transferable, non-exclusive, non-assignable license during the Term (as defined below), to access and use the Service solely for Client’s internal business purposes (the “License“). The License granted herein includes the right to access and use the Service, in accordance with the documentation provided by Bizillion, including these Terms (the “Materials“).
    • Bizillion continuously makes efforts to improve the Service for the benefit of its clients, including the Client. Bizillion may, from time to time, develop enhancements, upgrades, updates, improvements, modifications, extensions and other changes to the Service or Materials including removing any feature or functionality of the Service (the “Modifications”). Bizillion shall implement and incorporate any available Modifications into the Service in its sole discretion, and Client hereby authorizes Bizillion, in advance, to implement and incorporate such Modifications into the Service, at any given time.
    • If you wish to cancel, pause, or change your Subscription Package you may do so via Google Play or Apple Store (or any other platform through which the Service are made available from time to time), in accordance with their respective terms.
    • Bizillion has the right to monitor your use of the Service to inspect your compliance with these Terms, take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Service. terminate or suspend your License to all or part of any of the Service for any or no reason, including any violation of these Terms.
  2. MUTUAL REPRESENTATIONS AND WARRANTIES

Each Party represents and warrants toward the other Party hereto that: (i) it has the full power, legal capacity, and authority to enter into, deliver and fully perform its respective obligations set forth in these Terms; (ii) the execution or performance of these Terms will not result in a violation or breach of any contract, agreement, policy, order, judgment, decree, rule, regulation or law to which such Party is bound; and (iii) unless otherwise expressly provided in these Terms, there are no third party beneficiaries intended under these Terms.

  1. CLIENT REPRESENTATIONS AND WARRANTIES
    • The Client represents and warrants that: (i) it will not use the Service for any illegal or unauthorized purpose or infringe or promote the infringement of any intellectual, proprietary or other right of any party, and the Client will comply with all applicable laws and regulations (including, but not limited to, all applicable import and export laws, copyright and privacy laws) in the Client’s use of and access to the Service; (ii) Client is the owner of, or has the required rights in all of the information which is uploaded to the Service; and (iii) Client holds and maintains all personal information in compliance with any and all applicable laws.
    • Client will not, nor will Client allow anyone acting on its behalf, or other third party to: (a) copy, modify, adapt, translate or otherwise create derivative works of the Service; (b) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the Service; (c) rent, lease, sell, sublicense, assign or otherwise transfer rights in or to the Service; (d) remove any proprietary notices or labels from the Service; (e) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service; (f) develop any other product or service containing any of the concepts and ideas contained in the Service or use the Service for the purpose of building a similar or competitive product; (g) test the Service or use the Service in connection with any benchmark tests, evaluation, or any other tests of which the results are designated or likely to be published in any form or media, or otherwise made available to the public, without Bizillion prior written approval; (h) directly or indirectly take any action to contest Bizillion’s intellectual property rights or infringe them in any way; (i) make the Service available for timesharing, service bureau or application service provider; (j) remove, obscure, or alter any notice of copyright, Bizillion’s Marks (as such term is defined below), or other proprietary right appearing in or on any item included with the Service; (k) allow any third party to have access to the Service without Bizillion’s prior written consent.
  2. SUPPORT

Bizillion provides online technical support to its existing and potential Clients during standard business hours. To connect, please email us at info@thebiz.me.

  1. FEES
    • Available subscription packages (each a “Subscription Package”):
      • Monthly Subscription Package: a subscription period providing Client with access to Bizillion’s applicable Service for a period of thirty (30) calendar days, in accordance with the provisions of Section ‎1.
      • Annual Subscription Package: a subscription period providing Client with access to Bizillion’s applicable Service for a period of twelve (12) months, in accordance with the provisions of Section ‎1.
      • Unlimited Subscription Package: a subscription period providing Client with an unlimited access to Bizillion’s applicable Service subject to terms provided herein, including, without limitations, the provisions of Sections ‎2, ‎1 and ‎9.3.
      • Other Subscription Packages as may be offered by Bizillion, from time to time.
    • In consideration for acquiring the License, Client shall pay Bizillion the applicable fees in accordance with the applicable Subscription Package chosen by the Client and subject to Bizillion’s rates according to its most recent price list (the “Fee(s)”), as provided through Google’s Play Store or Apple Store (or any other platform through which the Service are made available from time to time).
    • The Client shall pay the Fee’s full amount upon subscribing to the Subscription Package via Google Play Store or Apple Store (or any other platform through which the Service are made available from time to time). Cancellation and refunds are subject to the terms provided by the Google Play Store or Apple Store (or any other platform through which the Service are made available from time to time)
    • The Fee payable hereunder, do not include local, state, or federal sales, use, excise, personal property, VAT or other taxes, customs and duties, including, without limitation, any withholding tax. Any such taxes, to the extent legally applicable, shall be borne and paid by the Client.
  2. INTELLECTUAL PROPERTY RIGHTS; CLIENT’S CONTENT
    • Bizillion’s Intellectual Property Rights.
      • Bizillion owns all right, title and interest in and to the Service and Materials as well as any derivative works of the Services and Materials and all physical embodiments of same, which Bizillion may develop from time to time, (and excluding any third-party product(s) embodied in, utilized or bundled with the Service or Materials or Client Content).
      • The Service and all intellectual property rights in the Service (including Bizillion’s Marks and any derivative works of the Service) are, and shall remain, Bizillion exclusive property, including but not limited to, any modifications or custom features to the Service to be developed by Bizillion for the Client’s benefit, whether requested or instructed by the Client or not, even if the Client has paid for such modifications, except if Bizillion and Client have a separate written agreement that specifically states otherwise and references this section. 
      • Any error and bug reports, additional features, ideas, requests, feedbacks, recommendations, comments, concepts and other requests or suggestions related to the Service (collectively, the “Ideas”) that the Client may provide to Bizillion, will be solely owned by Bizillion. The Client hereby irrevocably assigns and transfers any intellectual property rights in such Ideas to Bizillion, free of charge.
      • All of Bizillion’s trademarks, including but not limited to, “Biz”, any service marks, logos, domain names, copyrights and other proprietary rights associated with Bizillion and the Service, whether registered or non-registered, shall be collectively referred to as “Bizillion’s Marks“. The Client agrees not to directly or indirectly (and not to allow any third party to): (a) use Bizillion’s Marks for any purpose (other than as detailed hereunder) without Bizillion’s express written consent; and (b) register, attempt to register, or assist anyone else to register any Bizillion’s Marks or marks confusingly similar thereto. Notwithstanding the aforementioned, Client agrees to update Bizillion, in advance, with respect to any public display of any feature related to Bizillion or the Services.
    • Client’s Content
      • Client is and shall remain the sole and exclusive owner of any data uploaded by Client to his/her Account (the “Client Content“). Nothing contained herein can serve as a basis to suggest or imply that Bizillion is the author of or otherwise responsible for any of the Client Content. Client must not use the Service in connection with any content that violates the rights of any third parties, or any activities where the use or failure of the Service could lead to death, personal injury or property or environmental damage or adversely impact or impose liability on Bizillion in any manner.
      • Client is, and will be at all times, fully and solely responsible for any and all activities that may occur while Client is accessing or using the Service, including any and all information, materials, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas and other data, materials, and content, including the selection and/or arrangements thereof, that Client create or uses while accessing and using the Service.
      • Client acknowledges that Bizillion does not monitor the Client Content and will not provide any notice to Client with respect to any Client uploaded thereto. Bizillion is not, and shall not be, responsible for any Client Content of any user. If Client has identified any issue or maintain other claims, including in relation to third party’s Client Content, Client shall settle any such problem or claim directly with such third party, and may not sue Bizillion regarding such issue. Without derogating from the generality of the aforementioned, in the event that a Client has a claim related to third party’s Client Content copyrights’ infringement, Client may issue Bizillion with a Copyright Infringement Notice (as such term is defined below), in accordance with the provisions set forth in Section ‎3 below.
      • By using the Service, the Client hereby grants Bizillion an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, transferable, sublicensable right and license to use and access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish and create derivative works based on the Client Content, in whole or in part, in any media, for the purpose of operating and advertising the Service.
      • Client shall ensure that anyone acting on its behalf who uses the Service, have granted Bizillion the right to use and access their personal data authorized Bizillion in writing to make such use and access as described under these Terms.
    • Copyright Infringement Reporting.

If Client or any other third party believes that any Client Content or other content displayed through the Service, has been copied in a way that violates its copyrights (in this Section a “Reporting Party”), such Reporting Party should contact Bizillion immediately by sending an email to info@thebiz.me (a “Copyright Infringement Notice”). A Copyright Infringement Notice should include the following information:

  • Reporting Party’s statement according to which it has identified content that is displayed through the Service and infringes its copyright, stating that (i) its statement is made under penalty of perjury, and (ii) the information provided under the Copyright Infringement Notice is accurate and that it is the copyright owner. If the Reporting Party is an authorized entity acting on behalf of the copyright owner in question, a duly executed power of attorney must be included in a form which is acceptable to Bizillion.
  • A description of the copyrighted content that the Reporting Party claims has been infringed, and any relevant further details, such as the title and date of publication, and the location of the content that the Reporting Party claims is infringing is located on Bizillion’s Services (e.g., by providing a URL or screen shot) as applicable.
  • Reporting Party’s contact details including mailing address, telephone number, and email address and any additional reasonable information that Bizillion may require in order to authenticate the Reporting Party’s identity.
  • If Bizillion reasonably determines that any content that is displayed through the Service constitute a copyright infringement, or may cause harm to Bizillion, its users, Clients, or third parties, Bizillion may remove or take down such content or any part thereof.
  1. TERM AND TERMINATION
    • Client shall obtain the right to access to the Bizillion Service (as applicable) immediately after the processing of the payment in full of the Fee to be paid by the Client based on the Subscription Package chosen by the Client, and such right to access shall continue to be in effect for the entire period of the Subscription Package paid for by the Client.
    • Client may choose to deactivate its Account at any time. Client’s access to the Service shall terminate only at end of the applicable Subscription Package term, and any financial obligation to pay unpaid balances for Services obtained from Bizillion shall survive the termination of the Service and continue until the balance is paid in full.
    • If you wish to cancel, pause, or change your Subscription Package you may do so via Google Play or Apple Store (or any other platform through which the Service are made available from time to time) in accordance with their respective terms.
    • Bizillion reserve the right to suspend, withdraw, terminate, discontinue or modify, at any time, any Service or policy, without notice or obligation to Client. If Bizillion decides to suspend, withdraw, terminate, discontinue or modify any of the existing Subscription Packages, it will issue a notice as for the date of such withdrawal or termination.
    • Termination of these Terms shall not relieve Client of its obligations to Bizillion hereunder that arose prior to the effective date of termination, including all Client payment obligations that have accrued prior to the date of termination. In addition, payment obligations and provisions contained in Sections ‎‎3, ‎‎4, ‎‎‎7, ‎‎4, and ‎‎9 through ‎‎12 shall survive the expiration or termination of these Terms for any reason.
  2. DISCLAIMER OF WARRANTIES
    • THE CLIENT UNDERSTANDS AND AGREES THAT THE SERVICE AND ANY RELATED SERVICES PROVIDED TO THE CLIENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BIZILLION AND ITS RELATED PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
    • BIZILLION AND ITS RELATED PARTIES DO NOT WARRANT: (A) THAT THE SERVICE AND ANY RELATED SERVICES PROVIDED TO THE CLIENT WILL MEET CLIENT REQUIREMENTS OR EXPECTATIONS; (B) THAT THE CLIENT’S USE OF THE SERVICE AND ANY RELATED SERVICES PROVIDED TO THE CLIENT WILL BE UNINTERRUPTED; OR (C) THAT DEFECTS, IF ANY, WILL BE CORRECTED.
    • The foregoing exclusions and disclaimers are an essential part of these Terms and formed the basis for determining the price charged for the Service and any related services.
    • Any and all warranties shall be void as to the Services damaged or rendered unserviceable by (1) the acts or omissions of non-Bizillion personnel; (2) misuse, theft, vandalism, fire, water, or other peril; and (3) moving, relocation, alterations or additions not authorized by Bizillion in advance and in writing.
  3. INDEMNIFICATION
    • Subject to the provisions of Sections ‎9 (Disclaimer of Warranties) and ‎‎11 (Limitation of Liability), Bizillion shall defend, indemnify and hold harmless Client and its officers, directors, agents, employees and assigns, from and against any and all claims, suits, proceedings, losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees) (collectively, “Losses”) suffered or incurred by them in connection with a third party claim arising out of any actual or threatened claim that the Service infringes upon or misappropriates any copyright, patent, trademark, trade secret, or other proprietary rights of any third party. Bizillion shall have no obligation to indemnify Client to the extent the alleged infringement arises out of (i) the use of the Service in combination by Client with other data products, processes or materials not provided by Bizillion and such infringement would not have occurred but for Client’s combination; or (ii) the use of any Client Content. Should the Service as used by Client become, or in Bizillion’s opinion be likely to become, the subject of an infringement claim, Bizillion shall at its option and sole expense either: (x) procure for Client the right to continue to use the Service as contemplated hereunder, or (y) modify the Service to eliminate any such claim that might result from its use hereunder while maintaining all material functionality of the Service or (z) replace the Service with an equally suitable, compatible and functionally equivalent non-infringing application at no additional charge to Client. If none of these options is reasonably available to Bizillion, then these Terms may be terminated at the option of either Party hereto without further obligation or liability on the part of either Party hereto, except that Bizillion agrees to promptly refund to Client the Fees received by Bizillion from Client during the three (3)-month period immediately preceding the date of termination.
    • Client shall defend, indemnify and hold harmless Bizillion, its subsidiaries, affiliates, officers, directors, agents, employees and assigns, from and against any and all Losses suffered or incurred by them in connection with a third party claim arising out of (i) Client’s illegitimate use of the Service (except to the extent that Bizillion is responsible for such Losses under Section ‎‎1) including any breach of these Terms; or (ii) the infringement of any intellectual property rights of Bizillion or any third party.
    • The obligations under the foregoing indemnities are subject to the condition that the Party seeking indemnification give the other: (1) prompt written notice of any claim or action for which indemnity is sought; (2) complete control of the defense and settlement thereof by the indemnifying Party; and (3) cooperation of the other Party in such defense.
  4. LIMITATIONS OF LIABILITY
    • NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT RESULT FROM OR ARE RELATED TO THESE TERMS, EVEN IF IT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, BIZILLION’S AGGREGATE LIABILITY TO CLIENT FOR DAMAGES SHALL NOT EXCEED THE AMOUNTS USD $1,000.
    • EACH PARTY UNDERSTANDS AND AGREES THAT THE FOREGOING LIABILITY LIMITATIONS ARE ESSENTIAL ELEMENTS OF THESE TERMS, SUCH LIMITATIONS SHALL SURVIVE FAILURE OF THEIR ESSENTIAL PURPOSE, AND THAT IN THE ABSENCE OF SUCH LIMITATIONS THE MATERIAL AND ECONOMIC TERMS OF THESE TERMS WOULD BE SUBSTANTIALLY DIFFERENT.
    • Client agrees that the performance of the Service and Client’s access to, and use of, the Service may be affected adversely by the Internet connection because of (among other things) inadequate bandwidth available to Client, the type of connection, inadequate speed, lack of continuity of Internet service, and the number of users accessing the Internet at any given time over the same connection. Bizillion is not responsible for performance of the Service due to events beyond the reasonable control of Bizillion.
  5. MISCELLANEOUS
    • Non-enforcement by Bizillion of any term or condition of these Terms shall not constitute a waiver. A waiver by Bizillion of compliance with any term or condition under these Terms shall not constitute a waiver of such term or condition at any other time or a waiver in the future of any other term or condition of these Terms.
    • Severability. If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed severed from these Terms.
    • Notices. Any formal notice, consent or other communication in connection with these Terms shall be in writing and shall be considered to have been delivered and in effect upon the earlier of actual receipt or: (a) an email followed by a written or electronic confirmation; (b) two (2) days after posting when sent via an express commercial courier; (c) five (5) days after posting when sent via certified mail; or (d) one (1) day after posting through the “in-service” notifications. You consent that all communications that Bizillion provide to you electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner and you agree to keep your Account contact information, including email address updated at all times.
    • Jurisdiction and Disputes. These Terms shall be governed by the laws of the State of Israel without regard to its conflict of law principles. All disputes hereunder shall be resolved, exclusively, in the applicable courts of Tel Aviv – Jaffa, Israel. The Parties consent to the jurisdiction of such courts and waive any jurisdictional or venue defenses otherwise available.
    • No Agency. The relationship of the Parties established by these Terms is solely that of independent contractors, and nothing contained in these Terms shall be construed to: (i) give any Party the power to direct and control the day-to-day activities of the other; or (ii) constitute such Parties as partners, joint ventures, co-owns or otherwise as participants in a joint or common undertaking; or (iii) make either Party an agent of the other for any purpose whatsoever. Neither Party nor its agents and employees are the representative of the other for any purpose, and neither has power or authority to act as agent or employee to represent, act for, bind, or otherwise create or assume any obligation on behalf of the other.
    • Change in Law. If any law or regulation, including enactment of new state or federal legislation, amendments to existing laws and legislation, and or new or amended judicial orders, rules or decrees, creates adverse consequences to Bizillion, according to its legal counsel, Bizillion may perform any modification to these Terms or the Services to alleviate such adverse consequences.
    • Assignment. The License granted under these Terms may not be assigned, sub-licensed, or otherwise transferred by the Client to any third-party except with prior written consent of Bizillion, which consent shall not be unreasonably withheld. Bizillion shall be entitled to transfer or assign the rights in and to the License under these Terms to any of its subsidiaries or affiliates.
    • Force Majeure. Other than Client’s obligation to pay pursuant to Section ‎6 of these Terms, neither Party shall be liable to the other for any failure to meet its obligations if such failure is due to any cause beyond the non-performing Party’s reasonable control (“Force Majeure“). Force Majeure specifically includes, but is not limited to, any government action that would limit the ability for performance; fires; earthquakes, floods or other severe weather conditions or any other acts of God; quarantines; riots; strife; insurrection; civil disobedience; epidemics, armed conflict; terrorism or war, declared or not; or any impending threat of any of the foregoing, if such threat might reasonably be expected to cause injury to people or property.
    • These Terms and any exhibits and schedules attached hereto constitute the entire agreement between the Parties in connection with the subject matter hereof and supersede all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the Parties, and there are no warranties, representations and/or agreements among the Parties in conjunction with the subject matter hereof except as set forth in these Terms.
    • CLIENT ACKNOWLEDGES THAT IT: HAS READ THESE TERMS IN THEIR ENTIRETY, UNDERSTOOD THEM, AND AGREES TO BE BOUND BY THEM. CLIENT FURTHER AGREES THAT THESE TERMS REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND OBLIGATIONS BETWEEN THE PARTIES, WHICH SUPERSEDES ALL PROPOSALS, ORAL OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THESE TERMS. BY ACCEPTING THESE TERMS, CLIENT ALSO CERTIFIES THAT IT IS IN COMPLIANCE WITH ALL LAWS AND REGULATIONS AS APPLIED TO HIM/HER.