SpotSkim Terms of Service

Please Read Carefully

Updated: August 20, 2015

The terms of service (“Terms of Service”) are made and entered into between Termtegrity Inc, ("Termtegrity") a Delaware corporation, and you or the entity that you represent ("You"), which govern your use of the Termtegrity website, the SpotSkim product, or any applications (including mobile applications) made available by Termtegrity (collectively, the "Products").

ACCEPTANCE OF THE TERMS 

You must be of legal age to enter into a binding agreement and accept the Terms of Service. The Terms of Service affect your legal rights and obligations. If you do not agree to be bound by all of the Terms of Service, you are not authorized to access or use the Service.

ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND TERMTEGRITY INC, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

DESCRIPTION OF SERVICE

 SpotSkim allows merchants to Inspect, Inventory, Examine and verify the integrity of its terminals and point-of-sale systems with respect to third party modification or tampering. SpotSkim simplifies and automates the inspection process with familiar, user-friendly smartphone technology, making it easy for merchants to quickly perform this essential security activity and get back to work. You may use the Products for your internal business purpose. You may connect to the Products using any Internet browser supported by the Products. You are responsible for obtaining access to the Internet and the equipment necessary to use the Products and all costs related thereto.

USE OF SERVICE 

The Products are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to access and use the Products in accordance with the terms and conditions set forth herein and only for the purposes described by Termtegrity. Subject to your compliance as set forth herein, Termtegrity hereby grants you a nonexclusive, nontransferable, limited license to use the SpotSkim mobile application portion of the Product and Documentation in accordance with the Terms of Service. “Documentation” means the online help screens, user manuals, white papers or other materials prepared by Termtegrity and provided to you in connection with the Products. Termtegrity reserves all other rights in the Products.

Although it is Termtegrity’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment and you acknowledge and agree that Termtegrity is not liable for any damages caused as a result of such interruptions.

PRICING 

Pricing of all Products are subject to change with 30 days notice. Such notices maybe provided at any time via the web portal. Current pricing can be found at termtegrity.com/pricing.

AUTHORIZED USERS 

You need to sign up for a user account and provide all required information in order to access and use the Products. You are only permitted to use the Service if you are an Authorized User. “Authorized User” means an individual subscriber or the partners, members, employees, temporary employees, and contractors of an organization with a subscription to the Service (“Subscriber”). Each Authorized User will be provided with a unique identifier to access and use the Service (“Username”). The Username shall only be used by the Authorized User to whom it is assigned, and shall not be shared with, or used by any other person, including other Authorized Users.

Each Subscriber shall designate an Authorized User as administrator for the Subscriber’s subscription (“Administrator”). Each Subscriber may have multiple Authorized Users, and the Administrator will manage the list of active Authorized Users. The Administrator will deactivate an active Username if the Administrator wishes to terminate access to the Service for any particular user.

You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, Username, or any account rights. You also represent that all information you provide to Termtegrity upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.

You are fully responsible for all costs, fees, liabilities, or damages incurred through the use of each Username (whether lawful or unlawful) and any other transactions completed through any Authorized User. You will not allow any access to or use of the Service by anyone other than your Authorized Users, and any such use will be consistent with the terms, conditions, and restrictions set forth in this Terms of Service. All access to and use of the Service via mechanical, programmatic, robotic, scripted or any other automated means not provided as part of the Service is strictly prohibited. You will ensure the security and confidentiality of each Username and password and will notify Termtegrity immediately if any Username and password is lost, stolen, or otherwise compromised.

RESTRICTIONS ON USE 

You shall not: 1. upload violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service; 2. solicit, collect or use the login credentials of other users of the Product; 3. defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses; 4. use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws; 5. change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Termtegrity; 6. access Termtegrity’s private API by means other than those permitted by Termtegrity. 7. create accounts with the Service through unauthorized means. 8. interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature; or 9. inject content or code or otherwise alter or interfere with the way any Termtegrity page is rendered or displayed in a user's browser or device;

Violation of the Terms of Service may, in Termtegrity’s sole discretion, result in termination of your Termtegrity account. You understand and agree that Termtegrity cannot and will not be responsible for the Content posted on the Service and you acknowledge and agree your use of the Service is at your own risk. If you violate the letter or spirit of the Terms of Service, or otherwise create risk or possible legal exposure for Termtegrity we can stop providing all or part of the Service to you in Termtegrity’s sole and absolute discretion.

USER GENERATED CONTENT 

You may transmit or publish content created or provided by you using any of the Products. However, you shall be solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, video clips, and other content or materials (collectively, "Content") that you submit, post or display on or via the Products.

You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in the Terms of Service; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service.

USE OF YOUR CONTENT 

You grant Termtegrity a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, process, create derivative works, and distribute your Content solely for the purposes of operating, developing, providing, and using the Products; provided, however, Termtegrity shall extract any identifying information from such Content. Nothing in the Terms shall restrict other legal rights Termtegrity may have to Content, for example under other licenses. We reserve the right to remove or modify Content for any reason, including Content that we believe violates the Terms of Service or our policies.

Content removed from the Service may continue to be stored by Termtegrity including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Termtegrity will not be liable to you for any modification, suspension, or discontinuation of the Products, or the loss of any Content. Termtegrity will use commercially reasonable efforts to implement security precautions to prevent unauthorized access to the Products. You acknowledge and agree the use of a connection to the internet provides the opportunity for unauthorized third parties to circumvent such precautions and illegally gain access to the Products. Accordingly, Termtegrity cannot and does not guarantee the privacy, security or authenticity of any data transmitted over the internet, nor shall Termtegrity be liable for damages related to the foregoing.

You agree that Termtegrity is not responsible for, and does not endorse, Content posted within the Product. Termtegrity does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates the Terms of Service, you may bear legal responsibility for such Content.

It is Termtegrity’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Termtegrity does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Termtegrity is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

MODIFICATION OF TERMS OF SERVICE

 We reserve the right, in our sole discretion, to change the Terms of Service from time to time. Any modifications will take effect when posted to the revised version on the Products. By continuing use of our Products after changes are posted, you will be deemed to have accepted such change. Therefore, each time you access and use the Products, you need to review the Terms of Service.

TERMINATION 

We may terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your Termtegrity account with thirty days notice by notifying us by sending an email with the subject line "SpotSkim Subscription Termination" to [email protected]. If we terminate your access to the Service or if you contact us to deactivate your account, your Content, Username and all related data, information and files associated with it will no longer be accessible through your account. It is your responsibility to request a copy of the Content from Termtegrity upon such termination. Such Content will remain available for a period of ninety (90) days upon cancellation or termination of the Service. After the foregoing ninety (90) day period, all Content (and all copies and extracts thereof) associated with the Service and your account will immediately be destroyed. In addition, you agree to the following: 1. Upon termination, all licenses and other rights granted to you in the Terms of Service will immediately cease. 2. We reserve the right to refuse access to the Service to anyone for any reason at any time without liability. 3. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates the Terms of Service. 4. You agree that Termtegrity is not responsible or liable for the conduct of any user. Termtegrity reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. 5. You agree that you are responsible for all data charges you incur through your use of the Service.

DATA OWNERSHIP AND TRADEMARK 

Termtegrity does not claim ownership of any Content that you post on or through the Service. You own the content created and/or stored by you. However, the Service contains content owned, generated or licensed by Termtegrity ("Termtegrity Content"). Termtegrity Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Termtegrity. Termtegrity owns and retains all rights in the Termtegrity Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Termtegrity Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Termtegrity Content. The Termtegrity name and logo are trademarks of Termtegrity and may not be copied, imitated or used, in whole or in part, without the prior written permission of Termtegrity.

DISCLAIMER OF WARRANTIES 

THE SERVICE, INCLUDING, WITHOUT LIMITATION, TERMTEGRITY’S CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER TERMTEGRITY NOR ANY OF ITS EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "TERMTEGRITY PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE TERMTEGRITY CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO TERMTEGRITY OR VIA THE SERVICE. IN ADDITION, THE TERMTEGRITY PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE TERMTEGRITY PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. TERMTEGRITY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE TERMTEGRITY PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE TERMTEGRITY PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THE TERMS OF SERVICE.

BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. THE TERMTEGRITY PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

LIMITATION OF LIABILITY; WAIVER 

UNDER NO CIRCUMSTANCES WILL THE TERMTEGRITY PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE TERMTEGRITY CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE TERMTEGRITY PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE TERMTEGRITY PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE TERMTEGRITY PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TERMTEGRITY PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF TERMTEGRITY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO SEEK AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE TERMTEGRITY PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE TERMTEGRITY PARTIES.

TERMTEGRITY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

INDEMNIFICATION 

You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Termtegrity’s request), indemnify and hold the Termtegrity Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of the Terms of Service; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Termtegrity in the defense of any claim. Termtegrity reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim or admit liability without the prior written consent of Termtegrity. You will use best efforts to mitigate the cost and expenses related to such indemnification claim.

ARBITRATION 

Except if you opt-out or for disputes relating to: (1) your or Termtegrity’s intellectual property (such as trademarks, domain names, trade secrets, copyrights and patents); (2) violations of provisions 7 or 8 of the Restrictions in Use, above ("Excluded Disputes"), you agree that all disputes between you and Termtegrity (whether or not such dispute involves a third party) with regard to your relationship with Termtegrity including without limitation disputes related to the Terms of Service, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and Termtegrity hereby expressly waive trial by jury. Neither you nor Termtegrity will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Termtegrity is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Termtegrity or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with the Terms of Service.

You may opt out of this agreement to arbitrate. If you do so, neither you nor Termtegrity can require the other to participate in an arbitration proceeding. To opt out, you must notify Termtegrity in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:

Termtegrity Inc, ATTN: goodcounsel 320 W. Ohio Street, 3W Chicago, IL 60654-6566

You must include your name and organization’s address, the email address you use for your Termtegrity account, and a clear statement that you want to opt out of this arbitration agreement. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Termtegrity.

TIME LIMITATION ON CLAIMS 

You agree that any claim you may have arising out of or related to your relationship with Termtegrity must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.

GOVERNING LAW & VENUE

 The Terms of Service are governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law and will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. For any action at law or in equity relating to the arbitration provision of the Terms of Service, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with Termtegrity exclusively in a state or federal court located in Cook County, Illinois, and to submit to the personal jurisdiction of the courts located in Cook County, Illinois for the purpose of litigating all such disputes.

If any provision of the Terms of Service is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from the Terms of Service and will not affect the validity and enforceability of any remaining provisions. Termtegrity’s failure to insist upon or enforce strict performance of any provision of the Terms of Service will not be construed as a waiver of any provision or right. No waiver of any of the Terms of Service will be deemed a further or continuing waiver of such term or condition or any other term or condition. Termtegrity reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment.

ENTIRE AGREEMENT

 If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. The Terms of Service constitute the entire agreement between you and Termtegrity and governs your use of the Service, superseding any prior agreements between you and Termtegrity. You will not assign the Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Termtegrity. Any purported assignment or delegation by you without the appropriate prior written consent of Termtegrity will be null and void. Termtegrity may assign the Terms of Service or any rights hereunder without your consent. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from the Terms of Service and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. The Terms of Service do not confer any third-party beneficiary rights.

TERRITORIAL RESTRICTIONS 

The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Termtegrity to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Termtegrity provides.

Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

The Terms of Service were written in English (US). To the extent any translated version of the Terms of Service conflicts with the English version, the English version controls.