Entered: 2024, July 1st — Updated: 2024, July 18th
INTRODUCTION
This Terms of Service Agreement (the “Agreement”) is entered into as of the date of acceptance between BizTech Weekly, a subsidiary of BizTech Press, (hereinafter referred to as “Company,” “we,” “us,” or “our”), and any individual or entity (hereinafter referred to as “Client,” “you,” or “your”) who accesses, purchases, or uses the InstaEdge™ social media marketing service (the “Service”).
Legal Binding and Acceptance
Your access to or use of the Service constitutes your acceptance of and agreement to be legally bound by all terms and conditions contained in this Agreement. This includes any individual accessing the Service on behalf of themselves or any business entity, as well as any entity on whose behalf the Service is being accessed or used. If you do not agree to any portion of these terms, you must immediately discontinue use of the Service.
Capacity and Authority
By accepting this Agreement, you expressly represent and warrant that you have the legal right, authority, and capacity to enter into this Agreement. If you are using the Service on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind such entity to this Agreement. If you do not have such authority, or if you do not agree with these terms and conditions, you may not access or use the Service.
Scope of Agreement
This Agreement governs all aspects of your relationship with the Company regarding the InstaEdge™ service, including but not limited to access, use, purchases, and interactions with the Service. It supersedes any prior agreements or understandings regarding the Service and can only be modified in writing by authorized representatives of the Company.
Service Definition
The InstaEdge™ service refers to our proprietary Instagram marketing solution, which includes ad and profile optimization, engagement strategies, analytics, and related marketing services as described in our service documentation. The specific features, functionalities, and limitations of the Service are detailed in subsequent sections of this Agreement and related service documentation.
Acknowledgment
By proceeding with any use of the Service, you explicitly acknowledge that:
- You have read this Agreement in its entirety;
- You understand its contents and implications;
- You agree to be legally bound by its terms and conditions;
- You accept all obligations and responsibilities contained herein.
This introduction constitutes an integral part of the binding legal agreement between you and the Company. For questions regarding these terms, please contact us before using the Service.
DESCRIPTION OF SERVICE
InstaEdge™ is a comprehensive Instagram marketing and engagement service operated by BizTech Weekly. The Service utilizes our proprietary advertising networks and marketing strategies to enhance your Instagram profile’s visibility, engagement metrics, and follower growth. Through sophisticated targeting algorithms and strategic campaign management, we deploy promotional content across our established network of advertising channels and social media platforms.
Service Components
The Service encompasses multiple integrated components designed to optimize your Instagram presence, including:
- Strategic profile promotion through our verified advertising networks
- Targeted engagement campaigns
- Performance analytics and reporting
- Growth tracking and optimization
- Campaign adjustment based on performance metrics
Service Delivery
Our Service operates through a combination of automated systems and human oversight, implementing marketing strategies across various channels to promote your Instagram profile. We maintain strict quality control measures and regularly monitor campaign performance to optimize results. The Service requires your Instagram profile to remain public and in good standing with Instagram’s platform policies throughout the duration of our engagement.
Performance Variables
While we employ industry-leading practices and proven methodologies, the effectiveness and results of the Service are subject to numerous external factors beyond our control, including but not limited to:
- Instagram’s evolving algorithms and policies
- Your profile’s content quality and posting frequency
- Market conditions and competitive landscape
- Seasonal variations in user behavior
- Changes in Instagram’s platform features
- Your account’s compliance with Instagram’s terms of service
Results Disclaimer
The Company makes no specific guarantees regarding:
- The exact number of followers you will gain
- The rate of follower growth
- The level of engagement your content will receive
- The duration of follower retention
- The demographic composition of new followers
We provide historical performance data and industry benchmarks for reference purposes only. Actual results may vary significantly based on the factors mentioned above and other variables specific to your account and market conditions.
Service Optimization
To maximize the effectiveness of our Service, we recommend maintaining:
- Regular content posting schedule
- High-quality, engaging content
- Active profile management
- Compliance with Instagram’s community guidelines
- Prompt communication regarding any account changes or issues
The Company reserves the right to modify service delivery methods and strategies as needed to maintain effectiveness and comply with platform policies and industry best practices.
NO GUARANTEE OF RESULTS
The Company provides the InstaEdge™ service using industry-standard practices and proven marketing methodologies. However, we explicitly state that no specific guarantees or warranties are made regarding the results, outcomes, or performance of our Service. While we maintain historical performance data and industry benchmarks for reference purposes, these metrics should not be interpreted as guarantees of future results for your specific account.
Performance Factors
The effectiveness and results of our Service are inherently subject to numerous variables beyond our control, including but not limited to:
- Instagram’s proprietary algorithms and their frequent updates
- Platform policy changes and restrictions
- The quality, consistency, and frequency of your content
- Your account’s historical performance and reputation
- Market conditions and competitive landscape
- Seasonal fluctuations in user behavior and engagement
- Your target audience’s demographics and online habits
- Changes in social media consumption patterns
- Your account’s compliance with Instagram’s terms of service
- Overall market saturation and competition within your niche
Historical Data Usage
While we provide access to historical performance data and industry benchmarks, these metrics are offered solely for informational purposes. Such data represents past performance across various accounts and market conditions, and should not be construed as:
- Predictions of future performance
- Guarantees of specific results
- Promises of particular follower counts
- Assurances of engagement rates
- Commitments to growth timelines
Quality Considerations
The Company cannot guarantee:
- The specific characteristics or quality of gained followers
- The engagement level of new followers
- The geographic or demographic distribution of your audience
- The duration of follower retention
- The conversion rate of followers to customers
- The impact on your broader social media presence
Best Practices Advisory
To optimize potential results, we strongly recommend:
- Maintaining consistent, high-quality content creation
- Regular engagement with your audience
- Adherence to Instagram’s community guidelines
- Implementation of suggested optimization strategies
- Prompt communication regarding account changes
This disclaimer of guaranteed results forms an essential part of our Agreement and reflects the inherently dynamic nature of social media marketing. Your success with the Service depends on a combination of factors, many of which are outside the direct control of the Company.
COMPLIANCE WITH INSTAGRAM’S TERMS OF SERVICE
Platform Compliance Requirements
You expressly acknowledge and agree that compliance with Instagram’s Terms of Service, Community Guidelines, and Platform Policies (collectively, “Instagram TOS”) remains your sole responsibility throughout your use of our Service. While InstaEdge™ implements marketing strategies designed to align with Instagram’s published guidelines, you maintain ultimate responsibility for ensuring your account’s compliance with all Instagram platform requirements, policies, and restrictions.
Service Design and Implementation
The Company has designed InstaEdge™ to promote engagement through methods we reasonably believe comply with Instagram’s current guidelines and best practices. However, Instagram’s policies, algorithms, and enforcement mechanisms are subject to change without notice. We actively monitor such changes and adjust our services accordingly, but cannot guarantee immediate alignment with any platform modifications.
Risk Acknowledgment
You explicitly acknowledge and accept that:
- Instagram maintains sole discretion over their platform’s operations and may take any action they deem appropriate regarding your account, including but not limited to:
- Temporary account restrictions
- Engagement limitations
- Content removal
- Account suspension
- Permanent account termination
- Other disciplinary measures
- The Company bears no responsibility or liability for any adverse actions taken by Instagram against your account, regardless of whether such actions occur during or after your use of our Service.
User Responsibilities
You agree to:
- Regularly review and maintain compliance with Instagram’s current Terms of Service
- Monitor your account for any compliance notifications or warnings
- Immediately notify us of any Instagram-initiated actions affecting your account
- Maintain appropriate content standards and engagement practices
- Address any compliance issues promptly and independently
- Accept full responsibility for any consequences resulting from platform policy violations
Limitation of Liability
The Company expressly disclaims any liability for:
- Changes in Instagram’s policies or enforcement practices
- Actions taken by Instagram regarding your account
- Loss of account access or functionality
- Removal of content or followers
- Any other adverse consequences related to platform compliance
Indemnification
You agree to indemnify and hold harmless the Company from any claims, damages, or expenses arising from:
- Your violation of Instagram’s Terms of Service
- Actions taken by Instagram against your account
- Any related third-party claims or disputes
- Consequences of non-compliance with platform policies
This section constitutes a critical component of our Agreement, and your continued use of the Service indicates your understanding and acceptance of these compliance requirements and associated risks.
PUBLIC PROFILE REQUIREMENT
Profile Accessibility Requirements
As a fundamental condition for utilizing the InstaEdge™ Service, your Instagram profile must maintain continuous public visibility status throughout the entire service period. This requirement is non-negotiable and constitutes an essential prerequisite for service delivery. Your Instagram account settings must specifically maintain:
- A public profile status visible to all Instagram users
- Deactivated ‘Flag for Review’ settings
- Unrestricted access to your profile content
- Standard engagement capabilities enabled
- Unblocked interaction features
Technical Requirements
You acknowledge and agree that your Instagram profile must consistently meet the following technical specifications:
- The account must be accessible through Instagram’s public API
- All engagement metrics must be publicly visible
- Content must be viewable without requiring follow approval
- Story sharing capabilities must remain enabled
- Standard interaction features must remain active
Service Impact of Privacy Changes
Any modification to your profile’s privacy settings during the active service period may:
- Significantly impair service effectiveness
- Disrupt ongoing campaigns
- Reduce engagement metrics
- Affect follower acquisition rates
- Impact overall service performance
Monitoring and Compliance
The Company reserves the right to:
- Monitor your profile’s public accessibility status
- Suspend service delivery if privacy requirements are not met
- Resume services only upon verification of public status
- Require confirmation of setting adjustments
- Terminate services if requirements cannot be maintained
User Obligations
You agree to:
- Maintain required public profile settings throughout the service period
- Promptly notify the Company of any necessary privacy setting changes
- Cooperate in resolving any accessibility issues
- Verify settings upon Company request
- Accept responsibility for any service disruptions caused by privacy setting modifications
Private Profile Limitations
The Company explicitly states that:
- The Service cannot be provided to private profiles
- No exceptions can be made to this requirement
- Service effectiveness cannot be guaranteed if profile privacy status changes
- Refunds will not be issued for service periods affected by privacy setting changes
- The Company bears no responsibility for performance impact due to profile privacy modifications
This requirement is essential for service functionality and constitutes a material term of our Agreement. Failure to maintain these requirements may result in service suspension or termination without refund.
LIMITATION OF LIABILITY
Scope of Limitation
To the maximum extent permitted by applicable law, BizTech Weekly, its parent company BizTech Press, their affiliates, subsidiaries, licensors, and their respective officers, directors, employees, contractors, agents, partners, and representatives (collectively, the “Released Parties”) expressly disclaim all liability for any damages, losses, or injuries arising from or relating to your use of the InstaEdge™ Service.
Excluded Damages
The Released Parties shall not be liable, under any circumstance or legal theory, whether in contract, tort (including negligence), strict liability, or otherwise, for:
- Direct, indirect, incidental, special, consequential, or exemplary damages
- Lost profits, revenue, or business opportunities
- Loss of data or content
- Damage to reputation or goodwill
- Cost of substitute goods or services
- Business interruption
- Personal injury or emotional distress
- Any other intangible losses
Specific Exclusions
This limitation of liability specifically encompasses, but is not limited to, any damages arising from:
- Your use or inability to use the Service
- Unauthorized access to, alteration of, or deletion of your content, data, or transmissions
- Statements, conduct, or services of any third party on the Service
- System failures, interruptions, or malfunctions
- Errors, mistakes, or inaccuracies in Service content
- Personal injury or property damage resulting from Service use
- Any unauthorized access to our secure servers and systems
- Any bugs, viruses, or harmful code transmitted through the Service
- The deletion or failure to store any content or communications
- Changes to or termination of the Service
Limitation Amount
In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not permitted, the Released Parties’ liability shall be limited to the maximum extent permitted by law, but in no event shall exceed the amount you paid for the Service during the thirty (30) days preceding the claim.
Essential Basis
You expressly acknowledge and agree that these limitations of liability constitute an essential basis of the bargain between you and the Company and that they apply even if the Released Parties have been advised of or should have known about the possibility of such damages.
Jurisdictional Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain types of damages. Accordingly, some of the above limitations in this section may not apply to you. In such jurisdictions, the liability of the Released Parties shall be limited to the greatest extent permitted by applicable law.
Claims Period
Any claim or cause of action arising out of or related to the Service must be filed within thirty (30) days after such claim or cause of action arose, or be forever barred. This limitation of liability section applies regardless of the legal theory upon which the claim is based, including without limitation, contract, tort (including negligence), strict liability, or any other basis. The limitations apply even if any limited remedy fails of its essential purpose.
REFUND POLICY
General Refund Terms
The Company maintains a discretionary refund policy for the InstaEdge™ Service, evaluating each refund request on an individual basis according to specific performance metrics, service utilization, and account history. All refund determinations are made at the sole and absolute discretion of the Company, and our decision regarding any refund request shall be final and binding.
Refund Evaluation Criteria
In evaluating refund requests, the Company considers multiple factors, including but not limited to:
- Service duration and utilization
- Account compliance with service requirements
- Historical performance metrics
- Implementation of recommended optimizations
- Overall engagement patterns
- Communication history with our support team
- Account status and maintenance
Performance Remediation
In cases where service performance falls below our established historical thresholds, the Company may, at its sole discretion:
- Extend the advertising campaign duration
- Implement additional promotional strategies
- Adjust targeting parameters
- Increase advertising intensity
- Deploy supplementary optimization measures
These remediation efforts shall be considered the primary form of performance adjustment before any refund consideration.
Refund Limitations
The Company reserves the right to:
- Deny refund requests that do not meet our internal criteria
- Limit or suspend refund eligibility for accounts demonstrating pattern abuse
- Modify refund terms with reasonable notice
- Require documentation supporting refund requests
- Implementation verification before processing refunds
Abuse Prevention
The Company maintains strict monitoring systems to prevent refund policy abuse. We reserve the right to:
- Suspend service access for accounts suspected of refund abuse
- Terminate service relationships with clients who repeatedly submit unwarranted refund requests
- Document and track refund request patterns
- Implement additional verification requirements
- Deny future service access to accounts with documented abuse
Refund Processing
If approved, refunds will be:
- Processed using the original payment method
- Issued within 7 business days of approval
- Subject to payment processor limitations
- Documented in writing to the client
- Final and complete resolution of the matter
Non-Refundable Items
The following items are explicitly non-refundable:
- Partial service periods
- Setup fees
- Administrative charges
- Technical support fees
- Account optimization services
This refund policy constitutes the complete understanding regarding refunds between the Company and Client. No other representations or promises regarding refunds shall be binding unless made in writing by an authorized Company representative.
SERVICE INTERRUPTIONS AND MODIFICATIONS
Right to Modify or Discontinue
The Company reserves the absolute and unilateral right to modify, suspend, or discontinue the InstaEdge™ Service, either temporarily or permanently, in whole or in part, at any time and for any reason, with or without prior notice. Such modifications may include, but are not limited to:
- Changes to service features or functionality
- Adjustments to service delivery methods
- Updates to technological components
- Revisions to performance metrics
- Alterations to service availability
- Modifications to support systems
Service Interruptions
The Company may implement service interruptions or modifications due to:
- Technical maintenance or updates
- System upgrades or repairs
- Network or server modifications
- Emergency situations
- Platform compliance requirements
- Changes in third-party services
- Market conditions or business needs
- Regulatory requirements
- Force majeure events
- Other operational necessities
Notice of Changes
While the Company endeavors to provide reasonable notice of substantial changes when practicable, you acknowledge and agree that:
- Immediate changes may be necessary without prior notice
- Notice may be provided through any reasonable means
- Continued service use constitutes acceptance of modifications
- Emergency modifications may be implemented instantly
- Technical changes may occur automatically
Limitation of Liability for Changes
You expressly agree that neither BizTech Weekly, BizTech Press, nor any of their respective officers, directors, employees, partners, agents, suppliers, or affiliates shall bear any liability whatsoever for:
- Any service interruptions or modifications
- Loss of data or settings resulting from changes
- Impact on business operations
- Disruption of service functionality
- Consequences of service alterations
- Effects on campaign performance
- Any other outcomes related to service modifications
User Acknowledgment
By continuing to use the Service, you acknowledge and agree that:
- The Service is provided “as is” and “as available”
- No guarantees of continuous service are made
- Modifications may affect service performance
- Changes may occur without compensation
- Service features may evolve over time
Continuity of Agreement
Any modification, suspension, or discontinuation of the Service shall not:
- Void existing payment obligations
- Create refund eligibility
- Alter other Agreement terms
- Generate compensation claims
- Establish liability for the Company
This section regarding service modifications and interruptions constitutes a material term of our Agreement, and your continued use of the Service indicates acceptance of these conditions.
NO WARRANTIES
Disclaimer of Warranties
The InstaEdge™ Service is provided strictly on an “as is” and “as available” basis. The Company explicitly disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to any warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.
Specific Disclaimers
The Company makes no warranty or representation, and disclaims all responsibility and liability for:
- The completeness, accuracy, availability, timeliness, security, or reliability of the Service
- The operation or compatibility with any other application or system
- The satisfaction of any user requirements or expectations
- The achievement of any particular results or outcomes
- The correction of any defects or errors
- The absence of harmful components
- The security and privacy of user data
- The continuous or uninterrupted access to the Service
- The preservation or maintenance of any user content or communications
- The performance or effectiveness of any features or functions
Technical Considerations
You expressly acknowledge that:
- Technical processing and transmission of the Service may be subject to:
- Limitations
- Delays
- Other problems inherent in the use of internet and electronic communications
- Equipment failures or malfunctions
- System overload or unavailability
- The Company is not responsible for any:
- Downtime
- Performance issues
- Data losses
- Service interruptions
- Technical complications
Risk Acknowledgment
By using the Service, you explicitly acknowledge and accept that:
- Your use of the Service is at your sole risk and discretion
- Any material or information downloaded or obtained through the Service is done at your own risk
- You are solely responsible for any damage to your computer system, mobile device, or loss of data resulting from use of the Service
- No advice or information obtained from the Company shall create any warranty not expressly stated in this Agreement
Third-Party Services
The Company additionally disclaims all warranties and liabilities regarding:
- Third-party products or services
- Integration with external platforms
- Actions of affiliated service providers
- Content from external sources
- Links to external websites or resources
Jurisdictional Limitations
Some jurisdictions do not allow the exclusion of certain warranties or limitations on applicable statutory rights of a consumer. Therefore:
- The exclusions and limitations in this section may not fully apply to you
- Any warranties required by applicable law shall be limited to the shortest duration permitted by law
- Statutory rights that cannot be excluded are preserved
This warranty disclaimer constitutes an essential basis of the bargain between you and the Company. You expressly agree that any use of the Service is at your sole risk, and the Company shall not be liable for any damages arising from such use.
INDEMNIFICATION
Scope of Indemnification
You hereby agree to indemnify, defend, and hold harmless BizTech Weekly, BizTech Press, their parent companies, subsidiaries, affiliates, and their respective officers, directors, employees, agents, partners, contractors, licensors, suppliers, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, settlements, penalties, fines, costs, and expenses (including reasonable attorneys’ fees and costs), whether known or unknown, arising from or relating to:
- Your use or misuse of the InstaEdge™ Service
- Your violation of this Agreement or any incorporated policies
- Your violation of any applicable laws, regulations, or guidelines
- Your violation of any third-party rights
- Your content or information transmitted through the Service
- Any activities conducted through your account
Indemnified Claims
The indemnification obligation specifically extends to, but is not limited to, claims arising from:
- Unauthorized account access or usage
- Intellectual property infringement
- Privacy violations
- Defamation or libel
- False advertising
- Consumer protection violations
- Data protection breaches
- Platform policy violations
- Regulatory compliance issues
- Third-party service provider disputes
Defense Obligations
In connection with your indemnification obligations, you agree to:
- Promptly notify the Indemnified Parties of any claim
- Provide reasonable cooperation in the defense of any claim
- Allow the Indemnified Parties to participate in the defense
- Not settle any claim without prior written consent
- Maintain adequate resources for claim resolution
Indemnification Procedures
In the event of an indemnifiable claim:
- The Indemnified Parties shall promptly notify you of the claim
- You shall assume control of the defense and investigation
- The Indemnified Parties shall reasonably cooperate with your defense
- You shall bear all costs and expenses of the defense
- Settlement requires mutual written agreement
Reserved Rights
The Indemnified Parties reserve the right to:
- Assume exclusive defense and control of any matter
- Require your cooperation in defending claims
- Select legal counsel of their choice
- Approve any settlement terms
- Recover costs if you fail to provide a defense
Survival
Your indemnification obligations shall:
- Survive termination of this Agreement
- Continue until all claims are resolved
- Apply to subsequent modifications
- Extend to related investigations
- Include appeals and settlements
Limitation
Nothing in this indemnification provision shall require you to indemnify the Indemnified Parties for their own gross negligence or willful misconduct.
This indemnification provision constitutes a material term of our Agreement, and your continued use of the Service indicates acceptance of these obligations. The Company reserves the right to modify these indemnification requirements with notice to users.
GOVERNING LAW AND JURISDICTION
Applicable Law
This Agreement, and all matters arising out of or relating to this Agreement, including without limitation its interpretation, construction, performance, and enforcement, shall be governed by and construed in accordance with the laws of the state of California, United States of America, without giving effect to any choice of law or conflict of law provisions or rules that would cause the application of laws of any jurisdiction other than those of the State of California.
Exclusive Jurisdiction
You and the Company agree that any legal suit, action, proceeding, or dispute arising out of or relating to this Agreement, the InstaEdge™ Service, or your use thereof (collectively, “Disputes”) shall be brought exclusively in:
- The state courts located in Los Angeles County, California.
You hereby consent and submit to the personal jurisdiction of these courts for the purpose of litigating any such Disputes and waive any objection to venue in these courts.
Waiver of Jury Trial
To the extent permitted by applicable law, you and the Company hereby knowingly, voluntarily, and intentionally waive any right to a trial by jury in respect of any litigation arising out of or relating to this Agreement or any transaction contemplated hereby.
Choice of Law Principles
The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Additionally, this Agreement shall not be governed by or construed in accordance with:
- The Uniform Computer Information Transactions Act (UCITA)
- Any version of UCITA adopted by any state
- Any conflicting international laws or conventions
- The laws of any other jurisdiction
Statute of Limitations
Any claim or cause of action arising out of or related to this Agreement or the Service must be filed within thirty (30) days after such claim or cause of action arose, or be forever barred.
Severability Under Governing Law
If any provision of this Agreement is found to be invalid or unenforceable under applicable law:
- Such provision shall be modified to the minimum extent necessary to make it valid and enforceable
- The remaining provisions shall remain in full force and effect
- The invalid or unenforceable provision shall be deemed modified to the extent necessary to make it valid and enforceable
International Users
If you are accessing or using the Service from outside the United States:
- You do so at your own risk
- You are responsible for compliance with local laws
- You agree to be bound by United States laws
- You consent to the transfer and processing of your information in the United States
- You waive any claims based on foreign law
This governing law provision constitutes an essential basis of the bargain between you and the Company and shall survive any termination or expiration of this Agreement.
ENTIRE AGREEMENT
Integration Clause
This Agreement, including all terms, policies, guidelines, and other documents explicitly incorporated by reference herein, constitutes the complete and exclusive agreement between you and BizTech Weekly (the “Company”) concerning the InstaEdge™ Service and supersedes and replaces any and all prior or contemporaneous understandings, communications, agreements, proposals, warranties, or representations, whether oral or written, formal or informal, electronic or otherwise, between you and the Company regarding the Service.
Superseded Communications
This Agreement expressly supersedes and replaces:
- All prior written agreements
- Previous electronic communications
- Verbal understandings or promises
- Marketing materials or representations
- Sales presentations or proposals
- Email correspondence
- Online discussions or chat communications
- Promotional materials
- Service descriptions or specifications
- Any other prior communications regarding the Service
Incorporated Materials
The following materials are explicitly incorporated into this Agreement by reference:
- Privacy Policy
- Terms of Service
- Acceptable Use Policy
- Service Level Agreement
- Data Processing Agreement
- Any additional terms referenced within these documents
Modification Requirements
This Agreement may only be modified by:
- A written amendment signed by authorized representatives of both parties
- An electronic update to the terms accepted by you
- A notice of modification as permitted under this Agreement
Severability and Integration
If any provision of this Agreement is found to be unenforceable:
- Such provision shall be modified to the minimum extent necessary
- The remaining provisions shall continue in full force and effect
- The Agreement shall be construed as if such provision had never been contained herein
- The essential terms and intent shall be preserved
No Other Agreements
You acknowledge and agree that:
- No other agreements exist between you and the Company regarding the Service
- You have not relied on any representations not contained in this Agreement
- No oral modifications to this Agreement shall be valid
- Any additional or different terms proposed by you are rejected
- No course of dealing, performance, or trade usage shall modify this Agreement
Binding Effect
This Agreement is binding upon and inures to the benefit of:
- The parties hereto
- Their respective successors
- Permitted assigns
- Legal representatives
- Authorized agents
This integration clause is essential to establishing the complete understanding between the parties and avoiding any misinterpretation of rights, obligations, or expectations regarding the Service. Any attempt to modify this Agreement in a manner not explicitly permitted herein shall be null and void.