Terms of Use
Last amended: September 21, 2021
IMPORTANT NOTICE: PLEASE READ THROUGH THESE TERMS CAREFULLY.
These Terms of Use (“Terms”) describe the terms and conditions under which Bosch Thermotechnology Corp. (“Bosch”) offers each individual or entity (hereinafter, “Customer” or “you”) access to the BST Bosch Selection Tool Portal (the “Portal”) and its Services (defined below).
By accessing the Portal or any content found on the Portal, Customer agrees to comply with and to be bound by the Terms, including the policies and guidelines linked to (by way of the provided URLs) from these Terms. If you do not understand or agree with these Terms, please do not access or use the Portal or the Services.
Overview; Changes.
General. The Portal allows you to configure and quote various Bosch heating and cooling products (collectively, “Services”).
Changes. These Terms may change from time to time. When accessing the Portal or through other means of notice as provided in Notices, you may be invited to review and accept material changes to these Terms. Your continued access to and use of the Portal, after we make changes, is deemed to be acceptance of those changes, whether or not you have actually reviewed them. Bosch is not responsible for notifying you of changes to these Terms. Please check these Terms periodically for updates.
Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Portal. Bosch reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem appropriate, including but not limited to blocking or canceling your access, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.
Third Party Website Links and Referrals.
The Portal may (i) contain links to other web sites that are operated by third parties; (ii) integrate or be provided in connection with third-party services or content; and (iii) contain referrals to third party vendors (collectively “Third-Party Services or Content”). Bosch does not control such Third-Party Services and Content, and Bosch includes or provides these Third-Party Services or Content only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Services or Content. Your use of these Third-Party Services or Content is at your own risk. You should read the terms of use agreements and privacy policies, if any, that apply to such Third-Party Services or Content.
Disclosure of Information.
You may voluntarily choose to, or Bosch may invite you to submit feedback, information, data, text, software, messages, or other materials, including but not limited to reviews of Bosch products and services (each, a “Submission”). You agree that you are solely responsible for all of your Submissions and that any such Submissions are considered both non-confidential and non-proprietary. Further, we do not guarantee that you will be able to edit or delete any Submission you have submitted.
By submitting any Submission, you represent and warrant that:
- You own all rights in your Submissions (including, without limitation, all rights to the reproduction and display of your Submissions) or, alternatively, you have acquired all necessary rights in your Submissions to enable you to grant to us the rights in your Submissions as described in these Terms;
- You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your Submissions;
- Your Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
- You voluntarily agree to waive all “moral rights”, “author’s rights” or similar rights in any jurisdiction that you may have in your Submission;
- Any information contained in your Submission is not known by you to be false, inaccurate, or misleading;
- Your Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
- Your Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
- You were not and will not be compensated or granted any consideration by any third party for submitting your Submission;
- Your Submission does not incorporate materials from a third-party website, or addresses, e-mail addresses, contact information, or phone numbers (other than your own);
- Your Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
- Your Submission does not contain any information that is confidential, proprietary, or personal to you or to any other person; and
- Your Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
By submitting a Submission, you grant to Bosch and its affiliates an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:
- Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
- Use (and permit others to use) your Submission in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate your Submission or any modification thereto, in whole or in part, into any technology, product, or service);
- Display advertisements in connection with your Submissions and to use your Submissions for advertising and promotional purposes.
We may, but are not obligated to, pre-screen Submissions or monitor any area of the Website through which Submissions may be submitted. We are not required to host, display, or distribute any Submissions on or through the Website and may remove at any time or refuse any Submissions for any reason. We are not responsible for any loss, theft, or damage of any kind to any Submissions. Further, you agree that we may freely disclose your Submission to any third party without restriction on use or disclosure
Availability.
Access to the Portal may be unavailable without notice at certain times, including (without limitation) when systems require maintenance or upgrades, or in the case of unforeseen circumstances. Bosch will not be responsible for the lack of availability of the Portal or for any damages that may result from such lack of availability.
Account.
The Portal and the Services may be used for business purposes only, specifically excluding personal use. By accessing the Portal and/or using the Services, Customer represents and warrants that Customer (i) is 18 or older and otherwise lawfully able and has the capacity to enter into this agreement, (ii) will use the Services for business purposes only. If you enter into this agreement as a representative for an entity, you warrant to Bosch that you have legal authority to bind that entity.
Customer agrees that Customer will not share Customer’s account or account information, including, but not limited to the password, with any unauthorized third party. Customer is responsible for taking reasonable steps to maintain the confidentiality of Customer’s user name and password. In the event that Bosch provides an account password, Customer shall immediately change such password into a password only known to Customer.
Customer shall use reasonable efforts to ensure that Customer’s Portal account and the Services are only used by Customer and its authorized users. Customer shall ensure that Customer and its authorized users comply with the terms and conditions of these Terms, and any terms and conditions referenced herein or otherwise provided by Bosch. Customer shall immediately notify Bosch of any unauthorized use of Customer’s username, password or other account information, or of any other breach of security that Customer becomes aware of, involving Customer’s account or the Services.
Customer Data.
Customer warrants that
· Customer and/or its licensors hold all rights to all data (including, but not limited to personal data), information, content or material provided by Customer or on behalf of Customer in connection with Customer’s access to the Portal and use of the Services (the “Customer Data”) required for the use rights to the Services granted under these Terms and to grant the rights to the Customer Data as set forth below; and
· the Customer Data does not violate these Terms or any applicable laws and does not infringe the intellectual property of a third party.
Customer hereby grants to Bosch the right to use the Customer Data, for the purpose of providing the Service, in particular the right to reproduce such Customer Data for this purpose (e.g. for data back-up), to modify it and to provide such Customer Data for the purpose of accessing it.
Customer shall regularly back up the Customer Data. Each data back-up by Customer shall be performed so that the recovery of the Customer Data is possible at all times.
Bosch is entitled to immediately suspend Customer’s use of and access to the Service and the storage space if there is reasonable belief that the stored Customer Data is unlawful and/or infringes third party rights. For example, Bosch has the right to suspend Customer’s use of and access to the Services if a court, other authorities and/or any third party notifies Bosch of Customer’s unlawful or potential unlawful use of the Services, or of an infringement of third party rights. Bosch shall notify Customer of the suspension, stating the reason for such suspension. The suspension shall be removed as soon as practicable after the reasons for the suspension are no longer present.
Personal Data.
The parties shall comply with all applicable state and federal data protection laws and regulations, and ensure their employees and agents comply with such laws and regulation.
Data protection and information security are part of Bosch’s corporate policy. Any personal data provided by Customer to Bosch through or in connection with Services, including, but not limited to account information, shall be processed by Bosch in accordance with all applicable laws, regulations and Bosch’s Privacy Policy [https://www.boschheatingcooling.com/bstprivacypolicy], and solely to the extent necessary for the provision of the Services. Bosch will keep any Customer personal data strictly confidential and may not share such personal data without prior written consent of Customer.
Customer represents and warrants that all personal data Customer provides to or is provided on behalf of Customer to Bosch hereunder is owned by Customer or Customer has the right to provide such data to Bosch for use by Bosch in connection with the Portal or the Services; and (b) Bosch’s authorized processing of such data does not and will not violate or infringe any applicable data privacy and security laws or regulations.
Rights of Use and Scope of Use.
Subject to your compliance with the terms and conditions of these Terms, Bosch hereby grants you a non-exclusive, non-sublicensable, non-transferable license to use the Portal and the accompanying strictly in accordance with these Terms. The license rights set forth in this clause are the complete grant of rights to the Portal and the Services, and no further rights or licenses are granted by implication, estoppel, equity or otherwise.
This Section applies to any new versions, updates, upgrades, modifications or extensions of the Services made available to Customer by Bosch or any other changes made by Bosch to the Service, even if such new versions, updates modifications or extensions were ordered by Customer and paid for separately.
Unless expressly provided herein, nothing in these Terms shall be construed as granting by implication, estoppel, equity or otherwise, any further licenses or rights to the Service. In particular, except as expressly permitted under these Terms, Customer has no right or license to:
· allow third-parties to use the Service and/or the Customer account;
· make the Service and/or the Customer account available to third parties;
· copy, reproduce or duplicate the Service, the documentation, or any third-party content;
· to provide it for use for a limited period of time, in particular not to lease it or loan it; or
· to modify, create derivative works of, sell, offer to sell, publicly display or publicly perform the Services.
Customer shall ensure that its employees, agent, any other representatives, or subcontractors who are authorized by Customer to use the Services comply with the provisions of these Terms.
If Customer breaches the provisions of this Section, Bosch may terminate Customer’s access to the Service.
Intellectual property.
Except for Customer Data, all right, title, and interest to all intellectual property with respect to the Service, including which may be or become protectable by patent, copyright, trademark, trade secret, or similar laws, shall remain exclusively with Bosch. Customer shall not use Bosch’s copyrights, trademarks, trade names, or other intellectual property in any way, unless otherwise expressly provided in these Terms. Bosch may terminate Customer’s access to the Service and/or remove any content Customer provides if Bosch has any reason to believe that Customer’s actions using the Service, including any content uploaded by Customer, infringe the copyright, trademark, or other intellectual property rights of Bosch or any other party.
Customer shall not alter, decompile, disassemble, copy, modify, or reverse engineer the Services, or attempt to create a substitute or similar technology through use of or access to the Services. Any alterations made to or suggested for the Services by Customer shall be the exclusive property of Bosch, together with all rights therein.
Warranties, Disclaimers and Limitation of Liability.
Disclaimers of Warranties.
THE PORTAL, INCLUDING ALL SERVICES, ARE PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” AND BOSCH EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY AND ALL WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SATISFACTORY QUALITY, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT OR OTHER WARRANTY ARISING OUT OF THE COURSE OF ORDINARY PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE REGARDING OR RELATING TO MATTERS COVERED UNDER THESE TERMS, INCLUDING WITH RESPECT TO THE PORTAL.
Limitations on Liability.
IN NO EVENT WILL BOSCH BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL LOSSES, OR ANY LOSSES IN CONNECTION WITH (i) LOST CONTENT (INCLUDING DUE TO UNAUTHORIZED DISCLOSURE, ACCESS TO, OR PROCESSING OF, PERSONAL DATA); (ii) LOST PROFITS, LOSS OF GOODWILL OR LOSS OF BUSINESS; (iii) LACK OF SECURITY, INVASION OR LACK OF PRIVACY, VIOLATION OF THE RIGHT OF PUBLICITY, DEFAMATION; (iv) any personal or BODILY injury, death, property damage; (v) ANY interruption, DELAY, FAILURE, DISRUPTION, downtime, LIMITED ACCESS TO, UNAVAILABILITY, UNRELIABILITY OR NON-PERFORMANCE OF SERVICES; OR (vi) ANY third party SERVICES OR CONTENT.
BOSCH’S MAXIMUM AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS, THE PORTAL, THE SERVICES, REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO US $1000.00.
Unauthorized Acts by Customer.
Customer is not authorized:
· to obtain access to non-public areas of the Service or to the technical systems on which the Service is based;
· to utilize robots, spiders, scrapers or other similar data collection or extraction tools, to utilize programs, algorithms or methods to search, access, acquire, copy, or monitor the Service;
· to knowingly send Customer Data with viruses, worms, trojans or other infected or harmful components, or to otherwise interfere in the proper functioning of the Service;
· to decrypt, decompile, disassemble, reconstruct or to otherwise attempt to discover the source code, any software or proprietary algorithms used, except as permitted under mandatory applicable laws;
· to test, scan, or examine the vulnerability of the Service, or
· to intentionally utilize devices, software or routines which have a disruptive effect on the Service, functions or usability of the Service or willfully destroy other data, systems or communications, generate excessive load, or harmfully interfere, fraudulently intercept or capture.
Modification to the Portal and Services.
Bosch may terminate, change, suspend or discontinue any aspect of the Portal and/or the Services, including (without limitation) to content, features or hours of availability. Bosch may also impose limits on certain features of the Portal, Services or systems, or restrict Your access to the whole or a part of the Portal or the Services without notice.
Confidentiality.
In the course of performing under these Terms, either party, its Affiliates (as defined below), or their agents (where applicable, collectively referred to as the “Disclosing Party”) (may provide Confidential Information to the other party (a “Recipient”). For purposes of these Terms, “Confidential Information” means all nonpublic information that is disclosed during the course of performance under these Terms by the Disclosing Party, directly or indirectly, in writing, orally or by inspection of premises or tangible objects to the Recipient that is: (a) marked confidential or proprietary, or (b) given the nature of the information or the circumstances surrounding its disclosure, reasonably should be deemed confidential. Confidential Information includes, but is not limited to documents, drawings, models, apparatus, sketches, designs, schedules, product plans, marketing plans, technical procedures, manufacturing processes, software, prototypes, samples, methodologies, formulations, trade secrets, patent applications, know-how, experimental results, specifications and other business information. The term “Affiliate”, as used herein, means an entity that directly or indirectly controls, is controlled by or is under common control with a party; and as used in this Section ”control”, “controls” or ”controlled” means: (a) fifty-one percent (51%) or more ownership or beneficial interest of income or capital of such entity; (b) ownership of at least fifty-one percent (51%) of the voting power or voting equity; or (c) the ability to otherwise direct or share management policies of such entity.
The Recipient will use Confidential Information only in connection with its performance under these Terms. Recipient shall use the same degree of care to avoid disclosure or use of the Disclosing Party’s Confidential Information as it uses for its own confidential, proprietary, and trade secret information, but in no case may Recipient use less than a reasonable degree of care. Recipient agrees to limit disclosure of Confidential Information to employees and employees of Affiliates having a specific need to know such Confidential Information in furtherance of its performance under the Contract. Recipient will not disclose or permit access to Confidential Information to contract workers, consultants or contractors of Recipient or its Affiliates unless such persons are bound by obligations of confidentiality comparable to these Terms. Recipient shall not, without Disclosing Party’s prior written consent, reverse engineer, disassemble, or decompile any prototypes, software, or other objects that embody the Disclosing Party’s Confidential Information to obtain access to Disclosing Party’s trade secrets and, to the extent such consent is granted, Recipient shall receive and hold such Confidential Information subject to the terms of this Section Recipient shall provide written notice to Disclosing Party without undue delay of any misuse or misappropriation of Confidential Information, which may come to the attention of Recipient. The Recipient shall cooperate with and aid the Disclosing Party in mitigating and preventing the unauthorized use and disclosure and any furtherance thereof.
The Recipient is not obligated under the paragraph above to hold in confidence any Confidential Information that (a) is generally known, or readily ascertainable by proper means, by the public other than through a breach of these Terms by the Recipient; (b) was known by or in the possession the Recipient or its Affiliate at the time of disclosure as shown by the Recipient’s and/or its Affiliates´ files and records prior to the time of disclosure, unless such knowledge or possession was obtained a result of any improper act or omission of Recipient or its Affiliate; (c) is rightly received by the Recipient from a third party not subject to any nondisclosure obligations with respect to the Confidential Information; or (d) is independently developed by an employee, agent, or consultant of Recipient without reference to the Confidential Information.
If Recipient is requested, ordered, or required by a regulatory agency or any other government authority or a court to disclose any Confidential Information, Recipient shall promptly notify Disclosing Party of such request, order, or requirement so that Disclosing Party may have the opportunity to contest the disclosure, including seeking a protective order, or waive Recipient’s compliance with these Terms. If Recipient is (in the opinion of its counsel) compelled to disclose any Confidential Information, or else be liable for contempt or other penalty or be subject to claims from a third party, Recipient may disclose such Confidential Information without liability under these Terms.
The Confidential Information provided by the Disclosing Party shall not be copied or reproduced without the Disclosing Party’s prior written permission, except for such copies as may reasonably be required for its performance under obligations under these Terms. Disclosing Party may serve written request on Recipient for return or destruction of its Confidential Information at any time up to six (6) months after the termination or expiry of the contractual relationship of the parties, and Recipient shall, within thirty (30) days of such request or termination, return to the Disclosing Party (or its designees) or certify as destroyed all Confidential Information, in whatever form, including written or electronically recorded information and all copies thereof (other than copies retained in automatic back-up and archive systems), provided however that Recipient shall be entitled to retain one copy of the Confidential Information with its legal counsel or other appropriate corporate representative to evidence the exchange of information hereunder and in connection with legal or statutory requirements. All such retained copies shall remain subject to the use and disclosure restrictions in these Terms.
Termination.
Bosch may terminate these Terms and your use of the Portal at any time immediately and without prior notice if you violate any provision of these Terms. Bosch may terminate these Terms and your use of the Portal for any other reason it deems appropriate upon giving you reasonable notice. All provisions of these Terms that by their nature are intended to survive termination will remain in effect.
Indemnification.
Customer shall indemnify, hold harmless, and defend Bosch and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including, but not limited to reasonable attorneys’ fees, incurred by Bosch resulting from any third-party claim, suit, action, or proceeding arising from or in connection with (i) the Customer Data, or Bosch’s use of the Customer Data in accordance with this these Terms or (ii) based on Customer’s or any authorized user’s use of the Services in a manner not authorized by these Terms.
Export Control.
Access to Service is subject to local and international export and re-export control laws and sanctions regulations. Customer agrees to comply with all applicable export and re-export control laws and sanctions regulations, of the Federal Republic of Germany, the European Union, the United States of America and the United Nation or any other applicable jurisdiction.
Customer acknowledges that the Service may be accessed from any geographic location. Customer shall not - directly or indirectly – provide access to Service to any destination, entity, or person prohibited or sanctioned by the laws and regulations of the Federal Republic of Germany, the European Union, the United States of America, the United Nations or any other applicable jurisdiction..
Customer shall indemnify, to the fullest extent permitted by law, Bosch, its affiliates, and their respective officers, directors, employees and agents from and against any and all fines, penalties or other cost arising from or in connection with Customer’s violation of any applicable export and re-export control law, sanction or regulation.
This Export Compliance clause shall survive termination or cancellation of the contractual relationship between Bosch and Customer.
Miscellaneous.
These Terms and all disputes between the parties arising out of or related thereto shall be governed by the laws of the State of Michigan except for its choice of law rules; the United Nations Convention on the International Sale of Goods shall not apply. Bosch and Customer acknowledge that this contract evidences a transaction involving interstate commerce. Bosch and Customer shall first endeavor to resolve through good faith negotiations any dispute arising under or related to these Terms or with respect to the Services. If a dispute cannot be resolved through good faith negotiations within a reasonable time, either party may request non-binding mediation by a mediator approved by both parties. If mediation fails to resolve the dispute within thirty (30) days after the first mediation session, then, upon notice by either party to the other, any and all disputes, controversies, differences, or claims arising out of or relating to these Terms (including the formation, existence, validity, interpretation (including of this Arbitration clause), breach or termination thereof) or the Services shall be resolved exclusively through binding arbitration, except that either party shall have the right, at its option, to seek injunctive relief, under seal to maintain confidentiality to the extent permitted by law, in either (i) the Michigan Circuit Court for the County of Oakland or the United States District Court for the Eastern District of Michigan, or (ii) pursuant to the American Arbitration Association Optional Rules for Emergency Measures of Protection. A request by a party to a court of competent jurisdiction for such interim measures shall not be deemed incompatible with, or a waiver of, this agreement to arbitrate. The parties agree that any ruling by the arbitration tribunal on interim measures shall be deemed to be a final award for purposes of enforcement. The arbitration proceedings shall be conducted in accordance with the Commercial Arbitration Rules of the AAA including application of the Optional Rules for Emergency Measures of Protection as amended from time to time, except as modified by this clause or by mutual agreement of the parties, and shall be governed by the United States Federal Arbitration Act. Within 14 days after the commencement of arbitration, each party shall select one person to act as arbitrator and the two selected shall select a third arbitrator within 10 days of their appointment. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the AAA. The arbitration shall be conducted in Detroit, Michigan, and the language of the arbitration shall be English. The arbitrators’ award shall be final and binding. The arbitrators shall issue a written opinion setting forth the basis for the arbitrators’ decision. The written opinion may be issued separately from the award by the arbitrators where necessary to preserve confidentiality, in the arbitrators’ discretion. Each party shall bear its own fees and costs, and each party shall bear one half the cost of the arbitration hearing fees, and the cost of the arbitrator, unless the arbitrators find the claims to have been frivolous or harassing, which may include an award of legal fees and costs. Either party may apply to have the arbitration award confirmed and a court judgment entered upon it. Venue for confirmation of or any challenge to the Arbitration Award shall be in either the Michigan Circuit Court for the County of Oakland or the United States Court for the Eastern District of Michigan and shall be done under seal to maintain confidentiality to the maximum extent permitted by law. The arbitrators shall have no authority to award punitive damages or any other damages excluded herein, to the maximum extent permitted by law. Except as may be required by law, neither a party, its counsel, nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
Notices delivered to Bosch by Customer (e.g. setting of time limits, notification of defects, termination or price reduction) must be made in writing in order to be effective. The same applies to waiving this written form requirement.
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.
This is an agreement between the parties, and confers no rights upon either of the parties’ employees, agents, contractors or customers, or upon any other person or entity.
Customer may not assign or transfer, by merger, operation of law, or otherwise, these Terms or any right or duty hereunder to a third party without Bosch’s prior written consent. Bosch in its sole discretion may assign or transfer these Terms and its obligations hereunder to any of its Affiliates. Any purported assignment in violation of this Section is null and void. These Terms may not be modified or amended except in a writing signed by a duly authorized representative of each party that expressly states the sections of these Terms to be modified; no other act, usage, or custom will be deemed to amend or modify these Terms. Each party hereby waives any right it may have to claim that these Terms were subsequently modified other than in accordance with this Section.
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All Rights Reserved.