Last Modified: October 10, 2023
Please read these Terms of Service carefully before you start to use the Service (defined below).
The following terms and conditions, together with any documents that these terms and conditions expressly incorporate by reference or any addendum attached hereto, including the Beta Test Terms and Conditions, which can be found here: https://axio.ai/beta (collectively, these “Terms of Service”), govern your access to and use of https://app.axio.ai and its affiliated subdomains (the “Site”) and our various websites, APIs, email notifications, documentation, software, products, licenses, or applications, including customizations thereto (collectively and together with the “Site,” the “Service”) that are owned and operated by Primer Global, Inc. (“we”, “our”, or “us”). For purposes of these Terms of Service, references to “you” and “your” mean, individually or collectively, as the context dictates, the individual user of the Service; or, if such individual accesses or uses the Service in the capacity as an employee or other service provider of a legally recognized entity, such legally recognized entity.
THE SERVICE CURRENTLY OFFERED IS IN BETA AND SUBJECT TO THE BETA TEST TERMS AND CONDITIONS.
1. Acceptance of Terms.
These Terms of Service are entered into by and between you and us. By accessing, browsing, subscribing to, or using the Service, you acknowledge that you have read and understood these Terms of Service. Effective immediately upon the earlier of your use of the Service or your clicking “accept” or “agree” to these Terms of Service, you accept and agree to (a) be bound by these Terms of Service, (b) abide by these Terms of Service, and (c) comply with all applicable laws and regulations.
IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT THE SERVICE NOW AND DO NOT CLICK “ACCEPT” OR “AGREE.”
2. Age Limit; Authorized Users.
By using the Service, you represent and warrant that you are (i) of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements or (ii) older than 14 years of age and have obtained parental consent to use the Service and such parent consents to these Terms of Service. IF YOU'RE UNDER THE AGE OF MAJORITY (which is 18 years old in most states), then your parent or guardian may be liable for some or all of your activities on the Service. Because of this, and because it’s prudent for your parent or guardian to be aware of your activities, including the websites that you visit, you should make your parent or guardian aware that you are using the Service. IF YOU ARE UNDER THE AGE OF 13, YOU ARE NOT PERMITTED TO USE THE SERVICE AND PLEASE LEAVE THE SERVICE IMMEDIATELY.
If you access or use the Service in the capacity as an employee or other service provider of a legally recognized entity, you affirm you are authorized to do so and that you have the legal right and authority to bind such legal entity to these Terms of Service. You may permit your employees, agents, or contractors (“Authorized Users”) to use the Service, provided that your Authorized Users comply with these Terms of Service. You are responsible for the use and actions of your Authorized Users.
3. Modifications to these Terms of Service.
The date these Terms of Service were last revised is identified at the top of the page. If we make subsequent material changes to these Terms of Service, we will notify you by email to the email address specified in your account and/or through a notice on the Service home page. You are responsible for ensuring we have an up-to-date, active, and deliverable email address for you and for periodically visiting the Service and these Terms of Service to check for any changes. We reserve the right to update or change these Terms of Service, at any time and for any reason, by posting the modified Terms of Service on the Service.
4. Access and Account Security.
a. Access.
You are responsible for both (i) making all necessary arrangement for you to have access to the Service; and (ii) ensuring that all persons who access the Service through your internet connection are aware of these Terms of Service and agree to comply with them.
We may specify from time to time the specific version or type of browsers required in order to use the Service, and you acknowledge that we are not obligated to support all web browsers or to continue support of any web browsers we supported at an earlier time.
b. Modifications to the Service and Restrictions.
We have the right, at any time and from time to time, to modify, suspend, restrict, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you. You agree that we shall not be liable to you or to any third party for any such modification, suspension, or discontinuance of the Service.
c. Access Credentials.
To access the Service, you may choose, or be provided with, a username, password, or any other piece of information as part of our security procedures (“Access Credentials”). You agree to treat such Access Credentials as confidential and if you choose such Access Credentials, the information provided by you to create such Access Credentials or otherwise is current, correct, and complete. If such information is not current, correct, or complete, we may suspend or terminate your access to the Service. You further agree that all information you provide to access the Service or otherwise is governed by the Privacy Notice (as defined below), and you consent to all actions we take with respect to your information consistent with the Privacy Notice.
You acknowledge that you are responsible for taking steps to protect yourself from unauthorized use of online communications, such as, among other things, keeping your Access Credentials confidential. You agree, understand, and acknowledge that, in no event, shall you allow any unauthorized users to access the Service using your Access Credentials. We are not responsible for any breaches of confidentiality caused by you or anyone accessing the Service using your Access Credentials, whether authorized by you or not.
You agree to notify us immediately of any unauthorized access to or use of your Access Credentials or any other breach of security. You also agree to ensure that you exit from and log out of your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your Access Credentials or other personal information.
We have the right to disable any Access Credential, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
5. Intellectual Property; Use Restrictions.
a. Intellectual Property.
The Service and its entire contents, features, and functionality, including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof (collectively, “Our Content”) is owned by us, our licensors, or other providers of such material (collectively, and individually, “Our Content Providers”) and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You agree not to modify, copy, decompile, reverse engineer, distribute, transmit, share, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any of Our Content and/or the Service obtained from or through us.
The Service contain proprietary and copyright-protected information. Any unauthorized use of any Our Content contained on the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Our name, logo, and all related names, logos, product and service names, designs, and slogans are our trademarks or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Service or the Service are the trademarks of their respective owners.
No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Service not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
b. Restrictions.
These Terms of Use permit you to use the Service for your personal, non-commercial use only, unless provided for herein. You may not modify, publish, transmit, license, sublicense, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, either contained on the Service or you receive from us in any other manner.
You will not upload, post, or otherwise make available on the Service, any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right. You will indemnify us and our officers, directors, employees, and agents for, from, and against any claims by third parties of infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission of material by you.
Our Content and the Service may not be reproduced, duplicated, copied, sold, resold, licensed, sublicensed, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any of our trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You must not modify copies of any materials from the Service or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Service. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. You may not misuse the Service. You may use the Service only as permitted by law or these Terms of Service. You must not access or use for any commercial purposes any part of the Service except as set forth in a separate agreement between you and us.
6. Conduct.
You may use the Service only for lawful purposes and in accordance with these Terms of Service.
You agree to not use the Service to or for any of the following purposes:
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• Exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• Post or transmit to or from the Service any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability.
• Impersonate or attempt to impersonate us, one of our employees or contractors, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm us or users of the Service or expose them to liability.
• Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including their ability to engage in real time activities.
• Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service or reverse engineer the Service.
• Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Service.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Site is stored, or any server, computer, or database connected to the Service.
• Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Service.
7. Subscription; Fees.
a. Subscription.
From time to time, we may provide the Service or any part thereof on a subscription basis (“Subscription”). If you purchase a Subscription you may be asked to agree to a separate agreement that incorporates these Terms of Service.
b. Fees.
To the extent the Service or any portion thereof is made available through a subscription or license, your access will be granted following payment of the applicable fees to us (“Fees”). Fees are based on the fee schedule and payment obligations as set forth in a separate agreement with us or our affiliates. If you fail to pay any Fees, we may suspend your access to the Service.
c. Payment.
To pay the Fees, you authorize us or a third party payment processor selected by us (in our sole and absolute discretion) to charge your credit card or other payment instrument we may accept from time to time (in our sole and absolute discretion), and such credit card or other payment instrument information shall be provided by a separate agreement between you and us. You represent and warrant to us that such credit card or other payment instrument information is true and that you are authorized to use such credit card or other payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.
We currently use Stripe, Inc. as our third party payment processor. You should look to their terms regarding payments, available at https://stripe.com/payment-terms/legal. By submitting your payment information to us, you grant us the right to provide such information to Stripe, subject to our Privacy Notice.
8. Service Providers.
a. Artificial Intelligence.
We utilize artificial intelligence (“AI”), including Chat GPT, which is powered through Open AI, to process the information that you provide to us, including your personal information (“Personal Information”). You should look to their terms regarding privacy, available at https://openai.com/policies/terms-of-use. The AI we utilize may process your Personal Information for various purposes, including but not limited to:
i. Personalization: AI analyzes your Personal Information to provide personalized recommendations, content, and experiences based on your preferences, interests, and usage patterns.
ii. Analytics and Insights: We use AI to analyze aggregated and anonymized data to gain insights, improve our Service, and understand consumer behavior.
Information provided to you through the Service may be generated by AI, and we cannot guarantee the accuracy, completeness, or usefulness of such information. You rely on the information provided to you through the Service at your own risk and agree that we shall not be liable to you for any such information for any damages arising out of or from your use and/or reliance on such information.
b. Third Party Providers.
Some of our content may be provided by third party service provides, networks, exchanges, or platforms, including YouTube. Deepgram, or Edlink API, Inc. Accordingly, you agree to be bound by (i) Youtube’s Terms of Service, which can be found at https://www.youtube.com/t/terms, Deepgram's Terms of Service, which can be found at: https://deepgram.com/terms, and (iii) Edlink’s Terms of Service, which can be found at: https://ed.link/docs/legal/terms.
c. Google Calendar.
Certain features of our service may integrate with functionalities provided by third-party services, including Google Calendar. By utilizing these features, you agree to be bound by Google's Terms of Service for Google Calendar, which can be found at https://policies.google.com/terms. Our integration with Google Calendar is designed to enhance your experience and provide seamless calendar management within our service.
9. Termination.
You acknowledge and agree that we may, in our sole discretion, suspend or terminate your account and/or deny you access to or use of all or part of the Service, without prior notice, for any reason, including, without limitation, if you engage in any conduct that we believe, in its sole discretion: (a) violates any term or provision of this Terms of Service or any other agreement between you and us or one of our affiliates; (b) violates our rights or our partners’ rights; or (c) is otherwise inappropriate for continued access and use of the Service. Upon termination or suspension, regardless of the reasons therefore, your right to use the Service 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. 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.
10. Communication.
By accessing or using the Service, you consent to the collection and use of your information as described in the Privacy Notice. You consent to accept and receive communications from us and third parties by electronic communication, including telephone or SMS text messages (including by an automatic telephone dialing system) at any of the email addresses or phone numbers provided by you or on your behalf in connection with your account or use of the Service, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods, or services. You also understand that you may opt out of receiving emails or text messages from us at any time either by texting the word “STOP” to any text message using the mobile device that is receiving the messages, by following the directions to opt-out at the bottom of the email and using the unsubscribe link contained in the email, or by contacting us at info@axio.ai. For additional details on the collection and use of your information, and regarding communications using your information, see the Privacy Notice.
11. Links.
The Service, from time to time, may provide links to other services or resources provided by third parties. These links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those other services or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access or use such other services or resources, you do so entirely at your own risk and agree that (a) we are not responsible for the availability of such other services or resources, (b) do not endorse such other services or resources, and (c) are not responsible or liable, directly or indirectly, for (i) any content, advertising, products, or other materials on or available from such other services or resources and (ii) any damage or loss caused or alleged to be caused by or in connection with the access to, use of, or reliance on from such other services or resources.
12. Transmissions; Personal Information.
Any Personal Information (as defined in our Privacy Notice), material, information, or idea you transmit to or through the Service by any means will be treated in accordance with our Privacy Notice, available at https://axio.ai/Privacy-Policy , which may be updated from time to time (as updated, “Privacy Notice”). For information about how we collect, use, share or otherwise process information about you (including Personal Information), please see our Privacy Notice.
You grant us the limited license to process the Personal Information you transmit through the Service. You represent and warrant that you own or control all rights in, to, and under the Personal Information you transmit through the Service, and have received the applicable consent to collect, use, and process such Personal Information, and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our licensees, successors, and assigns.
You understand and acknowledge that you are responsible for any Personal Information you submit or transmit, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
You further authorize us (and our affiliates, licensors, agents, and subcontractors) to: (a) aggregate and de-identify Personal Information; (b) compile in the ordinary course of providing the Service de-identified, non-personally identifiable, technical, statistical, or analytical data; and (c) use and disclose such aggregated and de-identified data on a non-attributed basis. To the extent an assignment of aggregated or de-identified Personal Information is needed to permit us to obtain ownership of the right, title, and interest in, to or under, any or all of the aggregated or de-identified data, you hereby assign and transfer your right, title, and interest in, to, and under such aggregated and de-identified Personal Information to us.
WE COLLECT AND USE PERSONAL INFORMATION AND ALL AGGREGATED AND DE-IDENTIFIED PERSONAL INFORMATION IN ACCORDANCE WITH OUR PRIVACY NOTICE.
The Service may access and transfer information over the internet and link to third party sites and portals. You understand and acknowledge that we do not operate or control the internet or third party sites and portals and (i) viruses, worms, trojan horses, or other undesirable data or software; and/or (ii) unauthorized users (e.g. hackers) may attempt to obtain access to and damage your data, websites, computers, or networks. We cannot control the flow of data to or from your network and other portions of the internet or the availability of or access to third party sites.
13. Disclaimer of Warranties.
THE INFORMATION PRESENTED ON OR THROUGH THE SERVICE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU, ANY OTHER VISITOR TO THE SERVICE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. INFORMATION ON THE SERVICE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ALL INFORMATION IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS ONLY. WE PROVIDE NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. USE OF THE SERVICE IS SOLELY AT YOUR RISK. WE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, INFORMATION, OR OTHER SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. WE EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF SERVICE WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE, OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS.
YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICE AND ANY CONTENT THEREIN IS IN ACCORDANCE WITH APPLICABLE LAW. WE DO NOT GUARANTEE, IMPLICITLY OR EXPLICITLY, ANY RESULTS FROM THE USE OF THE SERVICE OR ANY INFORMATION DERIVED THEREFROM. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, INCLUDING ANY ADD-ON, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM ACCESSING OR DOWNLOADING OF ANY SUCH MATERIAL, INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
14. Limitation on Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE, AND ANY ADD-ON; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICE PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE, INCLUDING ANY ADD-ON; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU ALSO AGREE THAT WE WILL NOT BE LIABLE FOR ANY INTERRUPTION OF BUSINESS, ACCESS DELAYS, OR ACCESS INTERRUPTIONS TO THE SERVICE OR ANY ADD-ON, DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, AND EVENTS BEYOND OUR REASONABLE CONTROL.
IN NO EVENT SHALL WE BE FINANCIALLY LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE SERVICE OR ANY INFORMATION PROVIDED THEREIN OR YOUR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.
15. Indemnification.
You agree to defend, indemnify, and hold harmless us, our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns for, from, and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Service, including, but not limited to, your use of the the Service’s content, services, and products (other than as expressly authorized in these Terms of Service) or your use of any information obtained from the Service.
16. Governing Law; Dispute Resolution.
These Terms of Service and any controversy arising out of or relating to these Terms of Service shall be governed by and construed exclusively in accordance with the laws of the State of Arizona, without regard to conflict of law principles. You (a) irrevocably and unconditionally submit to the exclusive jurisdiction of the state and federal courts in Maricopa County, Arizona for the purpose of any suit, action, or other proceeding arising out of or based upon these Terms of Service, and (b) waive, and agree not to assert, by way of motion, as a defense, or otherwise, any claim that you are not subject personally to the jurisdiction of the above-named courts, that its property is exempt or immune from attachment or execution, that the suit, action, or proceeding is brought in an inconvenient forum, that the venue of the suit, action, or proceeding is improper, or that these Terms of Service or the subject matter hereof may not be enforced in or by such court.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
17. Entire Agreement; Waiver; Severability.
These Terms of Service constitutes the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the Terms of Service) with respect to its subject matter. You acknowledge you may be subject to additional terms and conditions that may apply when you use affiliate or other one of our services, third party content, or third party software.
No waiver of by us of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.