NexTag.com - Comparison Shopping and Travel 20100225
End-User License Agreement
NexTag.com - Comparison Shopping and Travel requires that you accept the following End-User License Agreement before installation can proceed:
Effective Since October 21, 2008
1. NEXTAG IS ONLY A VENUE.The Website acts as an online marketplace for you to find and transact with other users, Members, buyers or sellers (the "Users") showing products or services on the Service or otherwise associated with the Service. NexTag is not a broker, lender or seller, does not sell any products or provide any services and is not a party to any transaction you may make with a broker, lender, or seller. NexTag is not a party to any agreement you may make with a lender or broker with regard to any loan product. Any information you provide to a lender or broker in connection with your application remains with that lender or broker.
NexTag does not sell or license any of the products listed on the Website and does not provide any loan, educational or other products or services listed on the Website, and NexTag is not acting as an agent of sale or an agent of any merchant or provider of products or services. NexTag does not have any responsibility for, or liability related to, any products and services listed on the Website. You should direct any questions, complaints or claims related to any product or service to the appropriate seller or provider.
NexTag does not warrant that prices, shipping costs, taxes, products or descriptions, or any other content of the Website is accurate, complete, reliable, current or error-free. Site content is provided for informational purposes only and NexTag shall have no liability for inaccuracy or incompleteness in product or service content, user ratings or commentary, or other content on the Website.
* NexTag is not responsible or liable for any products, services, information or other materials displayed, purchased, or obtained by you from the Website, including, without limitations, any agent referrals, loan recommendations, application, approval, pre-qualification, loan or interest rate analysis. Nothing on the Website contains an offer, promise or otherwise from NexTag to make a specific loan or that any participating lender or broker will make any loan for any purpose or on any specific terms.
* NexTag does not endorse, warrant or guarantee the products or services of any seller, lender or broker, including, without limitations, any rates, points and loan programs posted by sellers, lenders or brokers. Nothing on the Website constitutes an advertisement for credit as defined by Paragraph 226.24 of Regulation Z.
* NexTag is not liable for any delays, inaccuracies, errors or omissions with respect to the information or the transmission or delivery of all or any part thereof, for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of the information. NexTag is not liable for any acts or omission of acts of any seller, lender or broker on the Website. You assume the entire risk as to the accuracy, adequacy, completeness, currency, validity and quality of any information relating to the Services.
* Any information on the Website can change without notice.
2. TRANSACTIONS. You may post content or view content posted by others on the Service. NexTag does not undertake any obligation to monitor such content. You may act as seller or buyer and correspond with, participate in promotions by, and conduct transactions with the Users. NexTag is not a party to the transactions between you and the Users of the Website.
You may complete transactions as follows:
* Transaction Processing by the Seller. For certain transactions, 1) sellers direct buyers to the seller's web site for transaction processing, or 2) sellers direct buyers to the seller's NexTag Store, or 3) sellers provide buyers with sellers' contact information outside the Website to complete a transaction. NexTag never collects credit card information from buyers for transactions conducted through methods 1) and 3) of this section 2(A). NexTag may, depending on the payment method specified by sellers, transmit credit card information from buyers to sellers or to third parties designated by sellers for transactions conducted through method 2) of this section 2(A). NexTag does not maintain any credit card information upon transferring such information.
* Third Party Transaction Processing. In other cases, sellers may refer buyers to third parties, such as an escrow service, for transaction processing. The third parties establish the terms of service for any such transactions.
The Agreement and any terms of service established by third parties govern all transactions through the Service. By participating in a transaction through the Service, you agree and accept the Agreement and any terms of service established by third parties. NexTag and any of NexTag's Co-branded Partners, Licensees and Affiliates (collectively "NexTag Partners") assume no liability, obligation or responsibility in connection with any transactions between you and the Users of the Website. If you have a dispute with the Users or any third party, you release NexTag (and its agents and employees) and its service providers from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor," as well as any other statute or common law principle of similar effect.
4. LINKS. NexTag and NexTag Partners may provide links to external websites or resources for your convenience and reference only. NexTag and NexTag Partners do not endorse and are not responsible for the availability of these external websites or resources or for any content, advertising, products, or other materials on or available from such external websites or resources. Your use of and dealings with the owners or operators of these external websites or resources are at your own risk. You cannot make any claim against NexTag or its service providers arising out of your use of external websites or resources.
5. NEXTAG STORES. NexTag Stores is a venue for seller and buyers to sell and buy products that are listed on the Website. NexTag is not a party to any transaction between sellers and buyers. NexTag has no control over the legality, truth, accuracy, or quality of the listed products. NexTag has no control over the business practices of the sellers and the purchasing practices of the buyers. You understand and agree that all transactions that occur through NexTag Stores are strictly between you and Users, and that NexTag has no responsibility or liability with respect to any part of the transaction or any issues related directly or indirectly to such transaction. NexTag disclaims all warranties that may relate in any way to any products listed on NexTag Stores and disclaims all guarantees for any payments owed to sellers. You agree to hold NexTag harmless and indemnify NexTag and its subsidiaries, affiliates, and NexTag Partners and their respective directors, officers, employees and agents against any and all claims with respect to any transactions you are involved in with other Users. You agree to notify NexTag at BuyerSupport@nextag.com of any activity that you believe is fraudulent, deceptive, and misleading.
You may disclose personal information directly to Users or through NexTag, You understand and accept the risk that Users may misuse your personal information. NexTag does not guarantee the identities of Users nor does NexTag guarantee the accuracy of the information supplied by Users. Buyers acknowledge and agree that NexTag may transmit their credit card information to the sellers or to third parties that process sellers' credit card payments. You acknowledge and agree that NexTag shall not in any way be held responsible or liable for any resulting harm or damage that may result from any misuse of your personal information.
You acknowledge and agree that you or NexTag may terminate your ability to sell or buy on the NexTag Stores at any time. If you are a seller, you agree that you remain liable and will pay NexTag any fees due to NexTag for any services you received prior to the termination date.
6. MEMBER REGISTRATION. You must register as a Member with NexTag to access certain functions of the Website. You must provide certain current, complete, and accurate information about yourself (the "Registration Data") when registering as a Member or updating your Registration Data. You agree not to misrepresent your identity. You agree to maintain and keep your Registration Data current and to update the Registration Data as soon as it changes. You are responsible for maintaining the security of your password. NexTag and its service providers are not liable for any loss that you may suffer through the use of your password by others. You agree to notify NexTag immediately of any unauthorized use of your account or of any other breach of security known to you with respect to the Service. You agree to report any violations of this Agreement by others to BuyerSupport@nextag.com.
7. OWNERSHIP. All of the material included on the Website, including but not limited to trademarks, text, graphics, logos and service marks (collectively, the "Content"), is the property of NexTag and other parties. U.S. and international copyright laws protects all Content available on the Website. Your use of the Service and the Content does not transfer to you any ownership or other rights in the Service or the Content. You may download Content displayed on the Website for your personal, noncommercial use only, provided you also retain all copyright and other proprietary notices contained on the Content. You may not modify, copy, distribute, transmit, display, publish, sell, license, or create derivative works using any of the Content for commercial or public purposes.
* Grant of License. You hereby grant to NexTag, on all media, whether now known or hereinafter devised, a non-exclusive, worldwide, assignable, royalty-free license to: display, publish, use, reproduce, reformat, compile, archive, distribute, and transmit all materials provided by you to NexTag that are not clearly marked as confidential ("Member Content") and display your name, trademarks and service marks (as used in connection with Member Content). You may submit Member Content only in accordance with NexTag's current content submission guidelines. NexTag shall have no obligation to post Member Content, may remove Member Content, or may change or discontinue the Website at any time in its sole discretion. NexTag has no obligation to monitor Member Content submitted by you or others in connection with the Website. Unless or until NexTag specifies another form of delivery of Member Content or another URL address, you may submit Member Content to NexTag at http://www.nextag.com. As the sole consideration for the license and rights granted to NexTag under the Agreement, NexTag will consider posting Member Content on the Website.
* Ownership, Copyright and Trademarks. You retain all right, title and interest (subject to the license granted herein) in and to Member Content you submit to NexTag, and represent and warrant that such Member Content and the license granted herein (i) is factually accurate; (ii) does not violate any intellectual property rights; (iii) does not contain information which is obscene or defames, libels or otherwise injures or interferes with the privacy of others; and (iv) does not require the payment of any kind by NexTag to others.
9. ACCEPTABLE USE OF THE WEBSITE. Your use of the Service must be lawful and consistent with the security and reliability of the Service and the World Wide Web.
In addition, the following rules apply to your use of the Service:
1. You certify to NexTag that you are at least 18 years of age.
2. You assume full responsibility for the use of the Service by any minors.
3. Your use of the Service is subject to all applicable local, state, national and international laws and regulations. Your conduct is subject to Internet regulations, policies and procedures.
4. You are solely responsible for the content of your transmissions and the products you sell through the Service. You acknowledge and agree that NexTag does not endorse the actions, the contents of communications, or the products of the Users.
5. You must obtain and maintain any equipment or ancillary services needed to connect to, access or otherwise use the Service, including, without limitation, modems, hardware, software, and long distance and local telephone service. You are responsible for ensuring that such equipment and ancillary services are compatible with the Service.
6. You must complete all transactions you agree to complete in connection with the Service.
7. In your capacity as a seller, if applicable, you will be solely responsible for all aspects of transaction order processing and fulfillment, including but not limited to processing credit card information, authorization and fraud detection, shipping and handling, buyer support and service inquiries. You must forward all feedback you receive regarding the Service to NexTag when acting as a seller.
10. PROHIBITED CONDUCT. You must not: (a) use the Service for any illegal purpose or for the transmission of any material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortious, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another, including the sale of pornography, firearms and ammunition, living creatures and parts of endangered species, stocks and other securities, drugs and drug paraphernalia, human body parts and remains; (b) directly or indirectly interfere or attempt to interfere with the proper working of the Website, any account, or any communication or transaction being conducted on our Website; (c) use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the Content without our prior expressed written permission; (d) take any action which imposes an unreasonable or disproportionately large load on our infrastructure, (e) use or disclose (to anyone except NexTag) any information you obtain about or from other users of the Service, or you obtain from NexTag if such information is marked confidential, for any purpose except fulfillment of orders initiated by the Users or negotiating prices with the Users, (f) conduct fraud, hide or attempt to hide your identity, represent yourself as someone else, or manipulate or attempt to manipulate prices, compromise or attempt to compromise the security of any account, interfere or attempt to interfere with the proper working of the Service, (g) send any unsolicited e-mail or advertising to any known user or (h) use the Services for any use other than personal, noncommercial purposes unless specifically approved in writing by NexTag, in its sole discretion.
11. MERCHANT/PROVIDER REVIEWS. You may submit merchant/provider reviews to describe your shopping experiences with merchants and service providers. In submitting merchant or provider reviews,
* You agree only to submit a merchant/provider review in good faith about a merchant/provider from whom you have actually purchased or attempted to purchase products or services. Your review must be an accurate description of your experience with the merchant/provider.
* Any merchant review that you submit is subject to the terms, conditions and restrictions described elsewhere in this Agreement.
You understand that merchant/provider reviews are submitted by other Users. NexTag has no responsibility for the content or accuracy of any reviews.
13. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. NEXTAG PROVDIES THE SERVICE ON AN "AS IS" BASIS. NEXTAG AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NEXTAG AND ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO NEXTAG OR ITS SERVICE PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, AS TO CONFIDENTIALITY OR PRIVACY OF ANY OF USER'S INFORMATION REGISTRATION DATA, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. NEXTAG AND ITS SERVICE PROVIDERS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE AND ARE NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY MERCHANTS OR OTHER USERS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NEXTAG OR THROUGH THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
While NexTag takes reasonable steps to safeguard and to prevent unauthorized access to your information and Registration Data, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL NEXTAG BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR INFORMATION OR REGISTRATION DATA, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER NEXTAG WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
14. LIMITATION OF LIABILITY. NEXTAG AND ITS SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF NEXTAG OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL NEXTAG AND ITS SERVICE PROVIDERS EVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER OTHER FAULT OR WRONGDOING BY NEXTAG OR ITS SERVICE PROVIDERS OR ANY PERSON FOR WHOM EITHER NEXTAG OR ITS SERVICE PROVIDERS ARE RESPONSIBLE, IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO NEXTAG FOR THE USE OF THE SERVICE WHICH IS THE SUBJECT OF THE CLAIM.
15. INDEMNIFICATION. You agree to indemnify and hold NexTag, its subsidiaries, affiliates, officers and employees, and service providers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, the violation of this Agreement by you, or the infringement by you, or other user of the Service using your computer, of any intellectual property or other right of any person or entity. Even though prohibited, people may provide information that is offensive, false, harmful, or deceptive. NexTag and its Service providers assume no responsibility whatsoever for such content or actions.
16. RELEASE. YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE NexTag AND ITS SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.
17. TERMINATION. If you breach any provision of this Agreement, you may no longer use the Service. NexTag may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, the Service or any part of it at any time, for any reason, without notice to you and without liability to you or any other person. If NexTag terminates this Agreement for any reason, it continues to apply and bind you with respect of your prior use of the Service, including payment of any charges accrued in connection with use of the Service. Upon termination, NexTag may remove from the Website and permanently delete and destroy any Member Content that you or others may have posted or submitted without any prior notice or liability to you or any other person.
18. DISPUTE RESOLUTION (The "Arbitration Clause"). In the event of a dispute, you and NexTag agree to submit to binding arbitration. The arbitration will be held before one arbitrator on an individual basis and not as a class action. You waive any right you may have to arbitrate a Dispute as a class action. You may select any one of the following arbitration organizations and its applicable rules: the American Arbitration Association, 335 Madison Ave., Floor 10, New York, NY 10017-4605 (www.adr.org), the National Arbitration Forum, Box 50191, Minneapolis, MN 55405-0191 (www.arb-forum.com), or JAMS, Two Embarcadero Center Suite 1100 San Francisco, CA 94111 (www.jamsadr.com). You may obtain copy of the rules of each organization by contacting the organization.
Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. You and Nextag shall agree on one arbitrator to conduct the arbitration. The arbitrator shall apply governing substantive law in making an award. In any arbitration, NexTag will pay the filing, administration, service or case management fee, plus the costs associated with the first day of arbitration, with the remaining costs to be paid by the non-prevailing party. NexTag will pay additional arbitration expenses to the extent that the arbitrator determines that NexTag must in order to ensure the enforceability of this arbitration clause. Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law.
The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. Any court having jurisdiction may enter judgment on the arbitrator's award. If any part of this Arbitration Clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder remains enforceable.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND NEXTAG WILL BE RESOLVED BY BINDING ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST NEXTAG INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. WITHOUT LIMITATION, THIS INCLUDES GIVING UP YOUR RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION AS SET FORTH IN THE WISCONSIN CONSUMER ACT, WIS. STATS. 426.110.
19. TRADEMARK AND COPYRIGHT NOTICES. The Website is a venue that, among other things, allows merchants to post product and service information for review by interested consumers and allows consumers to provide information and feedback on merchants, products and services. If you believe that a merchant or other User has acted in connection with the Website in a way that infringes your trademark or copyright, NexTag encourages you to resolve your dispute directly with the merchant or User. Merchants or Users may have placed the same or similar information or content on other websites or media, and working directly with the Merchant or User will often be the most effective way to resolve your dispute. NexTag does not control and has no responsibility for content that appears on, or products or services sold or offered on or through, third party websites that may be accessed through the Websites, and you should contact third-party sites directly to resolve any disputes that you may have with them.
To provide a notice of copyright or trademark infringement relating to the Websites, please provide the following information to NexTag's Copyright Agent:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright, trademark or other intellectual property;
2. a description of the copyrighted work, trademark or other intellectual property that you claim has been infringed;
3. the location on the Website of the material that you claim is infringing, with enough detail to allow us to locate it;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
All correspondence regarding intellectual property matters should be sent to NexTag's Copyright Agent at:
1300 S. El Camino Real, Suite 600
San Mateo, CA 94402
20. NOTICES. Except as stated otherwise, any notices shall be given by postal mail to NexTag, Inc. Attn: Legal Affairs Department, 1300 South El Camino Real, Suite 600, San Mateo, California 94402.
21. GENERAL. The Agreement comprises the entire agreement between you and NexTag and supersedes all prior agreements regarding the subject matter contained herein. NexTag may amend the terms and conditions of this Agreement (the "amended terms") from time to time. If you continue to use the Service after the amended terms become effective, you are deemed to have agreed to be bound by the amended terms. If you do not agree to the amended terms, then you agree not to use the Service. Your continued use of the Service constitutes an affirmative: (a) acknowledgment by you of this Agreement and its amended terms; and (b) agreement by you to abide and be bound by the Agreement and its amended terms. Except as set forth below, you must make all notices to NexTag in writing via conventional mail or e-mail addressed to BuyerSupport@nextag.com.
This Agreement shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of laws provisions thereof). If any provision(s) of the Agreement is held contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. NexTag's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by NexTag in writing. The section titles in the Agreement are used solely for the convenience of the parties and have no legal or contractual significance.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.