These are the Subscriber TERMS OF SERVICE (“Terms of Service”) for an online education and training service called the "ePlatform."
The acceptance of these Terms of Service creates a binding contract between you (referred to herein as “Subscriber” or “Customer” or “you”) and One Celebrations LLC, a Kansas limited liability company (referred to as “Company”) with a principal place of business located at 13725 Metcalf Avenue, Suite 316, Overland Park, KS 66223. The Company may be contacted at firstname.lastname@example.org or email@example.com.
These Terms of Service describe the provisions according to which the Company will give you, the Subscriber, access to the "e" Platform (sometimes called the "ePlatform."
Please note, when a Subscriber checks or clicks “I ACCEPT THE the "e" Platform TERMS OF SERVICE” or submits payment for the Subscription, the Subscriber is agreeing to abide by these Terms of Service (this is referred to as “Acceptance”). Please also note that your assent given electronically is effective exactly as if you, the Subscriber, had personally signed a document, which effectiveness shall be deemed to supersede (to the extent permitted by law) any provisions of applicable law to the contrary.
Disclaimer: One Celebrations LLC and the "e" Platform.com are not engaged in rendering legal, accounting or other professional services. If legal advice or other expertise is required, the services of a competent professional should be sought.
We encourage you to print a copy of these Terms of Service for your ongoing reference.
Here are several key terms used in these Terms of Service and what they mean. This Glossary also contains Terms of Service which, like all provisions of this document, are part of the agreement between a Subscriber and the Company.
“Ask an Expert Functionality” means the interactive feature of the "e" Platform permitting an Authorized Participant to complete an online request for assistance with leveraging a community engagement program to drive employee retention, boost recruiting, and improve productivity. Ask an Expert Functionality includes phone calls, emails and other interactions related to a request for assistance submitted through the "e" Platform.
“Effective Date” means the date that the Company confirms Subscriber’s right to use the the "e" Platform Services, typically through an email notification indicating that payment has been received and a Subscriber Log In has been issued.
“Online Capsules” means the files (documents, videos, text, photos, voice recordings, etc.) that the "e" Platform uses to provide tutorials and online training.
“Tools” includes the Social Impact Culture Type Quick Read Tool, Social Impact Culture Type Survey, Ask an Expert functionality, Employee Recommendation Form, Administrator's Evaluation Tool, and other tools that may be added to the Platform from time to time for use by a Subscriber.
“Public Website” means that portion of the Website that is available for use by any person without the need to be a Subscriber.
“the "e" Platform” means the entire the "e" Platform offering, including the Public Website, Online Capsules, Ask An Expert Functionality, Tools, and their entire contents, features and functionality (including but not limited to, all items commonly associated with educational websites such as “all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, and any documentation related to all of the foregoing”).
“Subscriber” means the individual or entity that has the right to access the the "e" Platform Services via a Subscription Fee (“Paid Subscription”) or other basis. A Subscriber or Subscriber Representative must have reached the age of majority in the country, state or other jurisdiction in which the person resides, and possess the legal right and ability to enter into binding contracts.
“Subscriber Administrator” means the administrator designated by the Subscriber who has the primary connection with the Company. Unless otherwise provided, the Subscriber Administrator shall be the individual whose contact information is provided in the Subscription Order Form.
“Subscription” refers to a right to use one or more of the Online Capsules, Ask An Expert functionality, and Tools under a Paid Subscription or other form of right and/or fee to access the the "e" Platform Services.
“Subscription Term” means the period of time that a Subscriber may utilize one or more f the Tools, Online Capsules and Ask an Expert Functionality within the the "e" Platform Services.
“the "e" Platform Services” means the Online Capsules, Tools and Ask an Expert Functionality portions of the Website, which are available only to a Subscriber.
“Virus” means the standard definition commonly used in conjunction with Internet services, commonly known as “any item or device (including any software, code, file or program) which is designed to prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data (whether by re-arranging, altering or erasing the program or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.”
“Website” means the standard definition commonly used in conjunction with Internet services, commonly known as “all information, content, concepts, program interfaces, structures, functionality, computer code, published materials, electronic documents, graphic files and other technology” inherent in the the "e" Platform website located at the "e" Platform.com, as well as the Company's website located at crownps.com (or such other web address notified by the Company to Subscribers at any time), and includes the entirety of both the the "e" Platform Services and the Public Website.
2) SUBSCRIBER WARRANTIES, RIGHTS, REPRESENTATIONS, RESTRICTIONS, AND OBLIGATIONS.
Subscriber agrees (and on behalf of its employees, agents, and affiliates) to treat password, usernames, and other security information (most frequently referred to as “Subscriber Log In”), as confidential and to not provide any other person with access to the the "e" Platform Services or portions of it using Subscriber’s Subscriber Log In. Subscriber will notify the Company immediately of any unauthorized access to, or use of, a Subscriber Log In. The Company has the right to disable a Subscriber Log In for access to the Platform Services at any time, in its sole discretion, with or without cause if, in the Company’s opinion, Subscriber has violated any provision of these Terms of Service or appear likely to do so.
Subject to these Terms of Service, Subscriber will be granted a limited, non-exclusive, revocable, non-transferable, and non-sublicenseable right to access that portion of the the "e" Platform applicable to the Subscription (one or more of the Online Capsules, Tools, and Ask an Expert Functionality), referred to as “Platform Services.” The Company agrees to grant access, but does not thereby obligate itself to maintain the Website, or to maintain it in its present form. The Company may upgrade, modify, change or enhance the Platform Services and convert a Subscriber to a new version thereof at any time in its sole discretion, to the extent that this is not detrimental to Subscriber’s use of the Platform Services and on reasonable prior notice to Subscriber (unless the change is of critical business importance or outside the Company’s control, in which case the Company will explain the reason for the changes as soon as is reasonably practicable). Subscriber accepts that the Company in its sole discretion may, but has no obligation to, monitor the Platform Services or any portion thereof, and/or to oversee compliance with these Terms of Service.
As a Subscriber, you are making certain agreements, which are consistent with those commonly used in conjunction with Internet services: “Subscriber promises, acknowledges, and agrees that: Access privileges may not be transferred to any third-parties; It will not access, store, distribute or transmit any Viruses; It will comply with all applicable laws and regulations with respect to use of the Platform Services; It will not rent, lease, sublicense, re-sell, distribute, transfer, copy or modify the Platform Services or any component thereof; It will not translate, decompile, or create or attempt to create, by reverse engineering or otherwise, the source code from the object code made available hereunder; It will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the Platform Services or any portion thereof; It will not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website or contained in the Platform Services; It is solely responsible for acquiring, installing, operating and maintaining the hardware and software environment, network connections, and telecommunication links, necessary to access and use the Platform Services; It will not use the Platform Services in any manner, or in connection with any content, data, hardware, software or other materials that infringes upon or violates any patent, copyright, trade secret, trademark, or other intellectual property right of any third party, or that constitutes a defamation, libel, invasion of privacy, or violation of any right of publicity or other third party right, or that is threatening, harassing or malicious.”
4) WEBSITE AVAILABILITY.
Subscriber recognizes the realities of Internet traffic and the disclaimers commonly used in conjunction with Internet services for education and training: “The traffic of data through the Internet may cause delays during the download of information from the Website and accordingly, it shall not hold the Company liable for delays that are ordinary in the course of Internet use. Subscriber further acknowledges and accepts that the Website will not be available on a continual 24-hour basis due to such delays, or delays caused by the Company's upgrading, modification, or standard maintenance of the Website.”
5) INTELLECTUAL PROPERTY RIGHTS.
The Platform Services are owned by the Company, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
No right, title or interest in or to the Platform Services or any portion thereof, is transferred to any Subscriber or Authorized End User, and all rights not expressly granted herein, are reserved by the Company.
The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans, are trademarks of the Company or its affiliates or licensors. Subscriber may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
6) COMPANY OBLIGATIONS.
The Company operates the Platform Services within the realities of Internet traffic and makes the disclaimers commonly used in conjunction with Internet services for education and training: “The Company will use commercially reasonable efforts to enable the Platform Services to be accessible, except for scheduled maintenance and required repairs, and except for any interruption due to causes beyond the reasonable control of, or not reasonably foreseeable by the Company, including, but not limited to, any Force Majeure Event (as defined below). The foregoing undertaking shall not apply to the extent of any non-conformance caused by use of the Platform Services contrary to the Company's instructions, or modification or alteration of the Platform Services by any party other than the Company. If the Platform Services are in non-conformance with the foregoing undertaking, the Company will, at its expense, use all reasonable commercial endeavors to correct any such non-conformance promptly, or provide Subscriber with an alternative means of accomplishing the desired performance.”
7) FEES AND PAYMENT.
Subscription Fee. Subscriber agrees to pay the appropriate fee corresponding to the type of package selected for the Subscription for Platform Services. The Company reserves the right to change the Subscription Fee with respect to a Renewal Term with prior written notification. Unless otherwise expressly stated, all fees are non-cancellable and non-refundable.
Payment Details. Recurring charges are billed in advance of service. Subscriber agrees to provide the Company with valid, up-to-date and complete debit/credit card, contact and billing details; or, in the alternative, Subscriber may request an invoice to pay in advance for three monthly Subscription Terms. In the case of credit card/debit card payment, Subscriber further authorizes the Company to bill such debit/credit card on the Effective Date (and corresponding Renewal Dates, if appropriate) for the Subscription Fee due for the Subscription Term (and Renewal Term). If, for any reason, Subscriber’s credit/debit card company refuses to pay the amount billed for the Platform Services, Subscriber agrees that Company may, at its option, suspend or terminate Subscriber’s subscription to the Platform Services and require Subscriber to pay the overdue amount by other means acceptable to the Company. Company may charge a fee for reinstatement of suspended or terminated accounts. Subscriber agrees that until its subscription to the Platform Services is properly terminated, it will continue to accrue charges for which it remains responsible, even if it does not use the Platform Services. In the event legal action is necessary to collect on balances due, Subscriber agrees to reimburse the Company for all expenses incurred to recover sums due, including attorney fees and other legal expenses. Unless otherwise expressly stated, all fees are stated in United States dollars.
Taxes. Subscriber is responsible for all applicable sales, use, transfer or other taxes and all duties, whether international, national, state, or local, however designated, which are levied or imposed by reason of the transaction contemplated hereby, excluding, however, income taxes on profits which may be levied against the Company.
8) TERM AND TERMINATION.
Term. Platform Services are offered for one-month terms. In the case of a Subscriber who desires to pay via invoice, rather than through credit/debit card, Subscriber must pay for three terms at a time, billed and paid in advance.
Subscriptions. Subscriber may subscribe to the Platform Services as follows:
Using the order form online to pay the first term fee. Or, completing the order form and requesting an invoice for the first three months of the Subscription.
For credit card billing, the company will continue to process payment each month in the subscription amount of $1,175. For invoice Subscribers, the Company will issue an invoice at the beginning of each quarter for amount of the Subscription due in advance.
The applicable term of the specific Subscription commencing on the Effective Date is called the “Initial Term”. Thereafter, the Subscription will renew monthly, automatically, on the corresponding anniversary date (“Renewal Date”) of the Effective Date (each a “Renewal Term”, and collectively with the Initial Term, the “Subscription Term”), until Subscriber notifies Company of its intention not to renew prior to the end of the then-current term.
Termination. The Company reserves the right to terminate or suspend access to all or any portion of the Platform Services for violation or suspected violation of these Terms of Service.
Effect of Termination. Subscriber will have no further rights to access the the "e" Platform Services. Termination will not affect the rights or liabilities of either party that accrued prior to termination.
Individual Subscription Termination (applicable only to residents of a member country within the European Union). If you are an Individual Subscriber who is a resident of a European Union member country, then in addition to any other rights under these Terms of Service, you may cancel any Subscription for any reason during the fourteen (14) day period from the Effective Date by sending written notice to the Company at firstname.lastname@example.org. If you do so, and with respect to any paying Subscription, Company may, but is not obligated to, charge you a proportionate amount of the Subscription Fee for the part of the Subscription that you have used.
Subscriber agrees to maintain the confidentiality of the Company’s Confidential Information. For the purposes of these Terms of Service, the term “Confidential Information” means all portions of the the "e" Platform Services, including but not limited to, Online Capsules and Ask an Expert Functionality; provided, however, that certain portions of the Online Capsules (specifically the Key Takeaways and Copy and Paste Content portions of the Online Capsules) may be copied and shared by Subscriber for educational purposes.
10) THIRD PARTY LINKS OR INFORMATION.
Subscriber recognizes the realities of Internet traffic and the disclaimers commonly used in conjunction with Internet services for education and training: “The Website may contain links to other websites that are not operated by or related to Company. Company is not responsible for the content, accuracy or opinions expressed in such third party websites, and does not investigate, monitor, or check these websites for accuracy or completeness. The inclusion of any linked website on this Website does not imply approval or endorsement of the linked website by Company. A Subscriber that leaves this Website to access these third-party sites does so at its own risk.”
11) DISCLAIMERS OF STATEMENTS/WARRANTIES.
SUBSCRIBER’S USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT ITS OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY STATEMENTS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY STATEMENT, WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY PROMISES THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR ANY PORTION THEREOF, WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET SUBSCRIBER’S NEEDS OR EXPECTATIONS. COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NO VERBAL OR WRITTEN REPRESENTATIONS, INFORMATION OR ADVICE GIVEN BY COMPANY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
12) LIMITATION OF LIABILITY.
IN NO EVENT SHALL COMPANY, ITS LICENSORS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO SUBSCRIBER 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, LOSS OF DATA, OR LOSS OF PROFITS, WHETHER OR NOT COMPANY HAS 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 SERVICES OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE FOREGOING, SUBSCRIBER’S EXCLUSIVE REMEDY AND COMPANY’S ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THESE TERMS OF SERVICE, SHALL BE LIMITED TO THE LESSER OF (I) THE AMOUNT PAID BY SUBSCRIBER TO COMPANY IN SUBSCRIPTION FEES DURING THE TWO (2) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM OR ACTION AROSE OR (II) TWO HUNDRED DOLLARS ($200), REGARDLESS OF WHETHER THE CLAIM OR ACTION IS BASED ON CONTRACT, TORT, WARRANTY, INDEMNIFICATION OR OTHERWISE. THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT. SUBSCRIBER WILL BE RESPONSIBLE FOR ALL CLAIMS AND DAMAGES RESULTING FROM THE MISUSE OF THE SERVICES BY SUBSCRIBER AND/OR ITS AUTHORIZED END USERS.
APPLICABLE SECTIONS APPLY TO INDIVIDUAL SUBSCRIBER RESIDENTS OF A EUROPEAN UNION MEMBER COUNTRY:
IN NO EVENT WILL COMPANY, ITS LICENSORS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL LOSSES (WHERE CONSEQUENTIAL LOSSES MEANS LOSS ARISING AS A SIDE EFFECT OF THE MAIN LOSS), WHICH ARE NOT A REASONABLY FORESEEABLE CONSEQUENCE OF SUCH MAIN LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO (I) LOSS OF INCOME OR REVENUE; (II) LOSS OF BUSINESS; (III) LOSS OF PROFITS; (IV) LOSS OF ANTICIPATED SAVINGS; OR (V) LOSS OF DATA
COMPANY DOES NOT IN ANY WAY EXCLUDE OR LIMIT ITS LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (III) ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL FOR COMPANY TO EXCLUDE OR ATTEMPT TO EXCLUDE ITS LIABILITY.
Subscriber agrees to compensate and defend fully Company, its officers, employees, agents, successors and assigns, from and against any damages, losses, and expenses (including reasonable attorneys’ fees) resulting from any third-party claim, action or demand arising out of any breach by Subscriber of any representation, warranty, covenant, obligation or duty of Subscriber under this Agreement.
All provisions relating to proprietary rights, payment of fees, confidentiality, disclaimer of warranty, indemnification, and limitation of liability, shall survive the expiration or earlier termination of these Terms of Service.
Except, for any provisions determining the primary contractual obligations of Subscriber and Company hereunder, Company has the right to revise and amend these Terms of Service from time to time to reflect changes in business needs including, but not limited to, changes in features and functionality, changes in market conditions, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in system capabilities. Changes are effective immediately upon posting and Subscriber’s continued use of any of the the "e" Platform Services following the posting of revised Terms of Service means that Subscriber accepts and agrees to the changes, to the extent permitted by applicable laws.
Subscriber may not transfer these Terms of Service, in whole or in part. Company may transfer these Terms of Service and/or subcontract some or all of its obligations hereunder at any time.
Subscriber acknowledges that a breach of any confidentiality or proprietary rights provision of these Terms of Service may cause Company irreparable damage, for which the award of damages would not be adequate compensation. Consequently, Company may seek an injunction to prevent Subscriber from taking any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and Company may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which Company may be entitled at law or in equity.
18) GOVERNING LAW AND VENUE.
These Terms of Service shall be construed and governed by the laws of the State of Kansas, without regard to the principles of conflict of laws thereof. Subscriber agrees and accepts that any legal action or proceeding shall be brought in the federal or state courts for the State of Kansas, County of Johnson, and Subscriber expressly waives any objection to personal jurisdiction, venue or forum non conveniens. Additionally, in the event of any dispute or claim relating to or arising out of these Terms of Service (including, but not limited to, any claims of breach of contract, tort, infringement), Subscriber agrees that all such disputes/claims will be resolved by means of a court trial conducted by the superior or district court in Jackson County, Kansas, and Subscriber expressly waives any right it may otherwise have to a jury trial. THE PRECEDING PROVISION REGARDING VENUE DOES NOT APPLY IF YOU ARE AN INDIVIDUAL SUBSCRIBER RESIDENT IN A MEMBER COUNTRY OF THE EUROPEAN UNION. IF YOU ARE A CONSUMER BASED IN THE EUROPEAN UNION, YOU MAY MAKE A CLAIM IN THE COURTS OF THE COUNTRY WHERE YOU RESIDE.
Legal notices may be sent to the address noted at the top of these Terms of Service. Notices to Subscriber may be sent either to the email address supplied in Subscriber’s account or to the address supplied by Subscriber as part of its registration data. In addition, Company may broadcast notices or messages through the Website to inform of changes to the Website or other matters of importance, and such broadcasts shall constitute notice to Subscriber to the extent permitted by applicable law. Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (c) five business days after the mailing date, if sent by mail, return receipt requested; (d) on the delivery date if transmitted by email; or within three (3) days after Company posts a notice on the Website.
20) FORCE MAJEURE.
Company will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by events outside its reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Company’s reasonable control including, but not limited to, restrictions of law, regulations, orders, or other governmental directives, labor disputes, acts of God, third party mechanical or other equipment breakdowns, terrorist attacks, fire, explosions, fibre optic cable cuts, interruption or failure of telecommunications or digital transmission links, Internet failures or delays, storms or other similar events.
22) NO THIRD PARTY BENEFICIARIES.
No person or entity not a party to these Terms of Service will be deemed to be a third party beneficiary of these Terms of Service or any provision hereof.
If any provision of these Terms of Service are held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Service will remain in full force and effect.
24) WAIVER AND AMENDMENT.
If Company fails to insist upon strict performance of Subscriber’s obligations under any of these terms and conditions, or if Company fails to exercise any of the rights or remedies to which it is entitled under these Terms of Service, this will not constitute a waiver of such rights or remedies and will not relieve Subscriber from compliance with such obligations. No waiver by Company of any default will constitute a waiver of any subsequent default, and no waiver by Company of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to Subscriber in writing.
25) CERTAIN RESTRICTIONS BASED ON GEOGRAPHY.
Software, functionality, and/or features (collectively, “Service Functionality”), that may be available on or through Website from time-to-time, is subject to United States Export Controls. No Service Functionality from the Website may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using any Service Functionality, Subscriber represents and warrants that it (and its Authorized Participants, where applicable) are not located in, under the control of, or a national or resident of any such country or on any such list. Although the Website may be accessible worldwide, Company makes no representation that materials on the Website 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 Website from other locations do so at 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 Platform Services is void where prohibited.
26) SOLE AGREEMENT.