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Terms and Conditions

MULTITRACKS.COM LLC TERMS OF USE AND LICENSE

Last updated October 31, 2017. Replaces the prior version in its entirety

These terms and license provisions govern your use of MultiTracks.com LLC ("MultiTracks.com", "us", "our" or "we") Websites, Services, Software, Content and Products.

BY USING OUR WEBSITES, SERVICES, SOFTWARE, CONTENT AND PRODUCTS YOU AGREE TO THESE TERMS OF USE AND LICENSE; IF YOU DO NOT AGREE, DO NOT USE OUR WEBSITES, SERVICES, SOFTWARE, CONTENT OR PRODUCTS.

PLEASE READ THEM CAREFULLY.

Please be aware of the following restrictions which are explained in greater detail below:

  • Sharing of account information is expressly prohibited. Only one person is allowed to access an account login.
  • Downloaded content such as a MultiTrack or CustomMix® is only licensed for use by a single organization at a single location or by a single person.
  • Sharing downloaded files or using them in anyway that violates the license granted herein is expressly prohibited. A breach of the this license can result in the termination of the license and expose an individual or organization to damages.

The following Terms of Use and License are organized in sections and paragraphs and cover the following topics

Section 1: Website Terms

  • Registration Data and Privacy
  • No Sharing of Account Information
  • Restrictions on Use
  • Warranty Disclaimer
  • Accuracy of the Site
  • Links or Pointers of Other Sites
  • No Unlawful or Prohibited Use
  • Changes to the Sites
  • Interruptions of Service on the Sites
  • No Subversion or Hacking

Section 2: MultiTracks, CustomMix®, Patches, Samples and Templates Download Terms

  • Grant of License
  • Preview Content Before Making a Purchase
  • No Sharing of Downloads
  • Restrictions on Uploading a Product
  • Digital Watermark
  • Penalty for Misuse
  • Non-Commercial Use
  • Obtain Performance and Lyric Display Licenses
  • Promotional and Free Downloads
  • 48-Hour Download Window

Section 3: Playback Terms

  • Playback Application
  • Playback License
  • Access to Download Products in Playback
  • Use of Download Products in Playback
  • Team Sharing Subscription
  • Subscriptions to Advanced Playback Features

Section 4: Playback Rental Terms

  • Access to MultiTracks in Playback Using Playback Rentals
  • Playback Rentals Subscription

Section 5: MultiTracks Cloud® Terms

  • MultiTracks Cloud Service
  • Access to MultiTracks Cloud in Playback
  • Permission Required to Upload Content to MultiTracks Cloud®

Section 6: RehearsalMix® Terms

  • RehearsalMix®
  • RehearsalMix® Individual Subscription
  • Adding People to RehearsalMix® Individual Subscription

Section 7: Credit Purchase and Redemption Terms

  • MultiTracks.com Credits
  • Credits Have No Cash Value

Section 8: DMCA Copyright Policy

Section 9: Miscellaneous Terms

  • Payment of Fees for Purchases and Subscription to Services
  • Trademark Notices
  • Limitation of Liability
  • Indemnification
  • Failure to Enforce
  • International Use
  • Termination of Use
  • Unenforceability of Terms
  • Choice of Law and Venue
  • Assignment
  • Eligibility to Enter into Agreement
  • Entire Agreement

SECTION 1: Website Terms

Registration Data and Privacy. In order for you to access the Services, Software and Content on the Websites (“Sites”), you will have to register for an account by completing our online registration form, which requests you to supply certain information and data ("Registration Data"). By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to so it remains current, complete and accurate. The information we obtain through your use of the Sites, including your Registration Data, is subject to our Privacy Policy, which is incorporated herein by reference. We reserve the right to verify your email address and may require you to enter a valid credit or debit card as part of the account creation and maintenance process.

No Sharing of Account Information. Each person using the Sites, Software or Content must have a unique account. Sharing of accounts is strictly prohibited.

Restrictions on Use. All pages within the Sites located at www.multitracks.com, www.secuencias.com, www.multitracks.com.br, www.multitracksfr.com and all associated sites linked to these Sites by us are our property or that of our affiliates or licensors. The Sites are protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without our written permission. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable additional terms of use or license associated with them. Any rights not expressly granted by these Terms of Use and License are reserved by us and our licensors.

Warranty Disclaimer. THE SITES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN THEM OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. MULTITRACKS.COM, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITES, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITES, AND/OR ANY LINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

Accuracy of the Sites. Although we try to ensure the integrity and accurateness of the Sites, we make no guarantees whatsoever as to the correctness or accuracy of the Sites. It is possible that unauthorized additions, deletions and alterations could be made to the Sites by third parties. If you find any inaccuracy, please inform us so that we can correct it. Information contained on the Sites may be changed or updated without notice.

Links or Pointers to Other Sites. We make no representations whatsoever about any other Website that you access through our Sites. When you access another Website, please understand that it is independent from us, and that we have no control over the content on that Website. A link to another Website does not mean that we endorse or accept any responsibility for the content or use of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, malware and other items of a destructive nature.

No Unlawful or Prohibited Purpose. As a condition of your use of the Sites, you warrant to us that you will not use the Sites for any purpose that is unlawful or prohibited by these Terms of Use and License nor any applicable national or local laws or regulations.

Changes to the Sites. We reserve the sole right to either modify or discontinue the Sites, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party, should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure, the addition of fee-based services, etc. Any new features that augment or enhance the then-current services on this Sites shall also be subject to these Terms of Use and License.

Interruptions of Service on the Sites. You understand and agree that temporary interruptions of the services available through the Sites may occur as normal events. You understand and agree that we have no control over third party networks you may access during the use of the Sites, and therefore, delays and disruption of other network transmissions are completely beyond our control. We assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

No Subversion or Hacking. You hereby agree that you will not intentionally break, hack, reverse engineer, act fraudulently or in any way subvert the intended use of this Sites, services, and/or Products.

SECTION 2: MultiTracks, CustomMix®, Patches, Samples and Templates Download Terms

Grant of License. We grant you a non-exclusive, revocable, non-transferable and otherwise limited license to use downloads of MultiTracks, CustomMix® Patches, Samples and Templates (collectively “Download Products”) strictly as set forth in the paragraphs below. Any and all rights in the Download Products held by third parties (which are not otherwise specifically licensed hereunder) are reserved by the third parties.

Preview Content Before Making a Purchase. PURCHASES OF DOWNLOAD PRODUCTS ARE FINAL. We give you extensive opportunities to preview our Download Products before you make a purchase decision. Please make your selections carefully.

No Sharing of Downloads. If a Download Product is purchased by an organization it should be stored or used on no more than three (3) computing devices (e.g. computer, iPad and iPhone) provided all three devices are used by a single organization at a single location. This license allows Download Products purchased by an organization to be used in multiple ministries or at multiple services at a single location. It does not allow for the product to be shared across multiple sites even if those sites are affiliated with one another or a multi-site church in one city. A separate Download Product purchase is required for each location/campus of an organization. If a Download Product is purchased by an individual then the license for that item applies to the individual and that Download Product may be used solely by that individual regardless of location.

Restrictions on Uploading a Product. A Download Product may only be uploaded to a network server or cloud service (e.g. iCloud, OneDrive, DropBox, etc.) for archival purposes. Any uploads to a network server or cloud service must not be done with the purpose of sharing the Download Product in violation of these Terms and Conditions of License.

Digital Watermark. We embed a digital watermark in each Download Product unique to the account that purchases and downloads each Download Product. This digital watermark allows us to determine if a recording or broadcast contains a Download Product and allows us to identify the specific account that made the original purchase. It helps us to prevent piracy and misuse of Download Products.

Penalty for Misuse. By purchasing Download Products, you agree to not share Download Products or your account access in violation of this license. In the case where we identify that you knowingly and willfully share or distribute files watermarked to your individual account, as liquidated damages you shall be responsible for and you hereby agree to pay to us a fine of $1,000 per Download Product for each instance of of violation of this provision. For example, if you share one Download Product with three people in violation of this provision you shall be responsible for and you agree to pay us a total fine of $3,000 as liquidated damages.

Non-Commercial Use. Download Products provided through the Sites embody the intellectual property of a third party, are protected by law and, unless otherwise licensed are provided solely for personal and non-commercial use.

Obtain Performance and Lyric Display Licenses. You must obtain, at your own expense, all licenses required to facilitate uses of the Download Products and their underlying musical composition(s) other than those granted by this license, including without limitation, the type of license sold by Christian Copyright Licensing International (“CCLI”).

Promotional and Free Download Product. The same license and terms apply to promotional Download Products such as Free Play of the Week or Free MultiTrack of the Month as apply to purchased Download Products.

48-Hour Download Window. Following your purchase of a Download Product, you will have 48 hours to download a Download Product after you purchase it. After that 48-hour period, you are responsible for storing and maintaining this content on your own device. We offer two options for access to your content after that period expires. You may login to your account through our Playback iOS application and access your purchased content or subscribe to MultiTracks Cloud® service for storage and continual download access to files.

SECTION 3: Playback Terms

Playback Application. We have developed an application for Apple® iOS compatible devices such as the iPad® or iPhone® called “Playback” that allows you to use Download Products from our Sites. Read about minimum device requirements on the Playback product page on the Sites for information on device compatibility

Playback License. When you download a copy of Playback from the Apple® App Store on your device you agree to be bound by the End User License Agreement (“Standard EULA”) found in Apple Media Services Terms and Conditions.

Access to Download Products in Playback. When you use Playback and login to your Account with your registration credentials you will have access to your Download Products in Playback, provided your device has adequate connection to the Internet, your account is active and access to our Sites is not blocked from your location. Only two (2) iOS devices may access Download Products from a MultiTracks.com account on Playback unless you give access to other team members through Team Sharing.

Use of Download Products in Playback. The use of Download Products in Playback is subject to all applicable terms and licenses listed in the Terms of License and Use including no sharing of your account login credentials, the limitation of use of the Download Products and your responsibility to obtain proper licensing for any public or commercial use of a MultiTrack or CustomMix® purchased from us.

Team Sharing Subscription. A Team Sharing Subscription allows members of your site’s team to access your Download Products from your account provided those team members are going to use the Download Products at the same location and for the same organization. To make your Download Products available to other members of your team go to your account page, subscribe to Team Sharing and add additional people to the subscription. Each member of your team must have an active account on one of the Sites to be added to Team Sharing.

Subscriptions to Advanced Playback Features. Even though access to basic features of the Playback application requires no payment, some advanced features are enabled only after you agree to a subscription. More information on advanced features and the subscription cost to access those features is available on the Playback page on the Sites. We reserve the right to add or remove features to your subscription at any time for any reason.

SECTION 4: Playback Rentals Terms

Access to MultiTracks in Playback Using Playback Rentals. A subscription to Playback Rentals allows you to download and use a MultiTrack in Playback for a period of seven (7) days (“Rental Period”). Access to MultiTracks in Playback Rentals is in addition to access to your Download Products.

Playback Rentals Subscription. When you subscribe to a Playback Rental you choose a subscription with a specific number of 7-day MultiTrack rentals you can access each month in Playback. After you have subscribed to Playback Rentals you will be able to search, preview and select MultiTracks from the Sites’ MultiTrack rental catalog. Once you confirm your selection it is downloaded to your device and the 7-day rental period begins. At the end of 7-days the download will automatically delete from your device unless you agree to initiate an additional 7-day rental for that MultiTrack. If you use all your rentals for a month you may go to your account on the Sites and initiate a subscription for a larger number of monthly rentals. The increase will take effect immediately. If you change your subscription with fewer rentals, it will take effect upon expiration of the current month’s subscription. There is no credit or carryover for rentals not used during the month.

SECTION 5: MultiTracks Cloud® Terms

MultiTracks Cloud Service. MultiTrack Cloud® is a monthly subscription service that allows you to access your Download Products, upload and access content you create and upload content purchased from other sources provided you have permission to do so. You can subscribe to different amounts of storage. MultiTracks Cloud® account is for use by a single person, unless you’re giving access to your organization’s content to other team members in Playback through Team Sharing.

Access to MultiTracks Cloud® in Playback. Content uploaded to MultiTracks Cloud® storage can be viewed from and downloaded to Playback alongside Download Products and Playback Rentals.

Permission Required to Upload Content to MultiTracks®. You certify to us that you have permission to upload the content you store in your MultiTracks Cloud® account. Only files that comply with MultiTrack Cloud® upload requirements can be uploaded to your account. You warrant and agree that you shall not store any unauthorized material in your account or use any material in any way unless you have obtained all necessary licenses and permissions. You indemnify us if you store any unauthorized material in your account or use the material in any way you do not have permission. Your indemnification includes all damages as well as court costs and all reasonable, outside attorneys fees which may be incurred by us as a result of any third party claim in violation of your warranty.

We reserve the right to delete any files we have reason to believe are not authorized to be stored in MultiTracks Cloud®. In addition to all of our other rights and remedies, we also reserve the right to suspend or cancel your MultiTracks Cloud® account if we believe you are using any of its content in an unauthorized manner.

SECTION 6: RehearsalMix® Terms

RehearsalMix®. RehearsalMix® is a streaming subscription service that allows access to an “up mix” where an individual instrument’s or background vocal part’s volume is significantly elevated relative to the rest of the recording. This allows a listener to clearly hear this part above the rest of the recording. Another is a “minus mix” where an individual instrument’s or background vocal part’s volume is muted in the recording. This allows a listener to play that part along with the recording. A RehearsalMix® subscription also includes access to original stereo recording.

RehearsalMix® Individual Subscription. The first user in an organization, or an individual not affiliated with an organization must first subscribe to this product as an individual. This subscription is for the exclusive use of one person.

Adding People to a RehearsalMix® Individual Subscription. Once an individual subscription has been started this individual can add additional people to this subscription at a much lower rate and have the ability to share playlists among this group provided that these people are affiliated with the same organization at the location/campus.

SECTION 7: Credit Purchase and Redemption Terms

MultiTracks.com Credits. MultiTracks.com credits come in bundles and a monthly subscription that allow you to prepay for MultiTracks.com content that you plan to buy over the next year at a discount. Credits will remain in your account for later use, subject to expiration one (1) year after their date of purchase. Your Credit balance is displayed on your account summary page and on your receipt after a redemption transaction.

Credits Have No Cash Value. Credits are not refundable or transferable and have no cash value. Unless otherwise specifically stated, Credits can only be used for the license and access to Download Products.

SECTION 8: DMCA Copyright Policy

We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  2. Identification of the copyrighted work claimed to have been infringed;

  3. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

  4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;

  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and

  6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

  7. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.

  8. Designated Agent for Claimed Infringement:

    MultiTracks.com LLC
    Chief Financial Officer
    11149 Research Blvd. Ste 325
    Austin, TX 78759
    Phone: (512) 535-1172

    Email: info@multitracks.com

  9. Your acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

  10. All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to:

  11. MultiTracks.com LLC
    11149 Research Blvd. Ste 325
    Austin, TX 78759
    Phone: (512) 535-1172

    Email: info@multitracks.com

    Notices to you may be sent either to the email address supplied for your account or to the address supplied by you as part of your registration data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you. Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.

SECTION 9: General Terms

Payment of Fees for Purchases and Subscriptions to Services. If you purchase an item or if you subscribe to a service that requires payment of a fee, you agree to pay those fees. For all charges for subscriptions to services, we will bill your credit card, or other payment method, in advance of service or at the end of a free trial period whichever comes first. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within ten (10) days of a change. If, for any reason, your credit card company refuses to pay the amount billed for a subscription to a service, you agree that we may, at our option, suspend or terminate your subscription to the service or if deemed appropriate access to your account until you pay the overdue amount. We may charge a fee for reinstatement of suspended or terminated accounts. You agree that until your subscription to the service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the service. You will also be responsible for paying any sales or value added taxes added to the purchase price or subscription fees as well as any fees added to your transaction by your credit card company.

Trademark Notice. CustomMix®, RehearsalMix® CustomSessions® and MultiTracks.com are the logos, trademarks, and service marks of the Company and may not be reproduced or utilized without our prior written consent in each instance. All other trademarks, service marks and logos used in this Sites are the trademarks, service marks or logos of their respective owners and may not be reproduced or utilized in any way without their owner’s prior written consent. Inclusion of those trademarks in this license are for reference purposes only and do not indicate any affiliation or acknowledgment by their owners.

Limitation of Liability. Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms of Use and License or your use of the Sites shall be limited to the total amount you paid to us as a result of the transactions hereunder.

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

IN ADDITION TO ANY EXCUSE PROVIDED BY APPLICABLE LAW, WE SHALL BE EXCUSED FROM LIABILITY FOR NON-DELIVERY OR DELAY IN DELIVERY OF PRODUCTS OR SERVICES AVAILABLE THROUGH OUR SITE OR OUR SOFTWARE ARISING FROM ANY EVENT BEYOND OUR REASONABLE CONTROL, WHETHER OR NOT FORESEEABLE BY EITHER PARTY, INCLUDING BUT NOT LIMITED TO, CHANGES TO OPERATING SYSTEMS ON WHICH OUR SITES AND SOFTWARE RUN, SECURITY BREACHES TO SYSTEMS UPON WHICH WE RELY, INTERRUPTIONS IN COMMUNICATION SYSTEMS, LABOR DISTURBANCES, WAR, FIRE, ACCIDENT, ADVERSE WEATHER, INABILITY TO SECURE TRANSPORTATION, GOVERNMENTAL ACT OR REGULATION, AND OTHER CAUSES OR EVENTS BEYOND OUR REASONABLE CONTROL, WHETHER OR NOT SIMILAR TO THOSE WHICH ARE ENUMERATED ABOVE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification. You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including court costs and attorney's fees, that arise from your use or misuse of the Sites. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Failure to Enforce. Any failure by us to enforce or exercise any provision of these Terms of Use and License or related rights shall not constitute a waiver of that right or provision.

International Use. Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Sites is void where prohibited.

Termination of Use. You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Sites with or without notice and for any reason, including, without limitation, breach of these Terms of Use and License. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Sites immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Sites. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Your liability for any unpaid license fees, shall survive any termination.

Unenforceability of Terms. If any part of these Terms of Use and License is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Choice of Law and Venue. These Terms of Use and License are entered into in the State of Texas in the United States of America and shall be governed by and construed in accordance with the laws of the State of Texas. You submit to the exclusive jurisdiction of the state and federal courts closest to Austin, Texas, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms of Use and License, the prevailing party will be entitled to costs and reasonable attorney's fees.

Assignment. Any cause of action brought by you against us or our must be instituted within one year after the cause of action arises or be deemed forever waived and barred. You may not assign your rights and obligations under these Terms of Use and License to any party and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Terms of Use and License. You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the Sites, or use of or access to the Sites.

Eligibility to Enter into Agreement. You hereby warrant and agree that you are at least 13 years old and that you possess the capacity and authority to agree to and enter into this contract.

Entire Agreement. These Terms of Use and License constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use and License may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use and License, these Terms of Use and License shall take precedence.

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