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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR
USE OF OUR WEBSITE AND OUR PREPAID PLANS CAREFULLY. By using our Website and/or
providing our prepaid offerings (collectively, our "Prepaid Plans"), you agree
to the terms and conditions set forth in this Subscription Agreement (this
"Agreement"). We reserve the right, in our sole discretion, to change, modify,
add or remove provisions of this Agreement at any time. You should check this
Agreement periodically for changes. By using this Website or providing our
Prepaid Plans after we post any changes to this Agreement or otherwise notify
you of such changes, you agree to accept those changes, whether or not you have
reviewed them. If you do not agree to this Agreement, you should not use our
Website and/or provide our Prepaid Plans and you should arrange to cancel your
registered provider account or subscription with us, as applicable.
- Scope of Agreement
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Your Use of this Website and
Delivery of Our Prepaid Plans
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Charges and Fees for Prepaid Plans
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Cancellation of Subscription
-
Availability
to Offer Prepaid Plans
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Privacy and Security
-
Veterinary Responsibility Disclaimer
-
Automatically Become a Registered User
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Restrictions on Use of Materials
-
Submissions
- State
License
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Monthly
Payment
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Links
- Third
Party Products and Services
-
Copyright
Complaints
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Disclaimer of Warranties
- Limitation of Liability
- Indemnification
- Governing
Law and Choice of Forum
-
Miscellaneous Terms
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| 1. |
Scope of Agreement |
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Unless we indicate otherwise, this Agreement applies
to your use of the websites, which are owned or operated by Prepaid Vet. ("PrePaidVet.com," "we," "us," or
"our") and our affiliates (collectively, "Prepaid Vet"),
including, without limitation, this website and any other website that we may
own or operate currently or in the future (collectively, our
"Website"), and all of the Prepaid Plans that we may offer currently
or in the future. For purposes of this Agreement, "affiliates"
shall mean any entity or person, directly or indirectly, owning a controlling
interest in, owned by, or under common ownership control with,
PrePaidVet.com |
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| 2. |
Your Use of this Website and Delivery of Our
Prepaid Plans |
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Unless otherwise specified, we grant you a non-exclusive,
non-transferable, limited right to access, use and display this Website and the
material provided hereon for your personal, and commercial use, provided that
you comply fully with the provisions of this Agreement. You agree not to assign,
transfer or sublicense your rights as a registered user of, or subscriber to
this Website. You understand that only you and your staff may use your user
account and password. You agree to be professionally responsible for the
delivery of Prepaid Plans provided by us. To provide our Prepaid Plans, you
represent that you are a United States citizen or resident with a valid United
States mailing address and a current and true licensed veterinarian.
By using this Website and/or providing our Prepaid Plans, you agree to be
legally bound and to abide by this Agreement, just as if you had signed this
Agreement. If you do not comply with this Agreement at any time, we reserve the
right to cancel or terminate your password, user account, and/or access to this
Website (or any part thereof) and/or our Prepaid Plans. In our sole discretion
and without prior notice or liability, we may discontinue, modify or alter any
aspect of the Website or our Prepaid Plans, including, but not limited to,
(i)
restricting the time the Website is available,
(ii) restricting the amount of
use permitted, and
(iii) restricting or terminating any user's right to use the
Website and/or any of our Prepaid Plans. You agree that any termination or
cancellation of your access to, or use of, the Website and/or our Prepaid Plans
may be effected without prior notice.
If you do not abide by the terms of this
Agreement, except as we may otherwise provide from time to time, you agree that
we may immediately deactivate or delete your user account and all related
information and/or files in your user account and/or bar any further access to
such information and/or files, our Website (or part thereof) and/or your ability
to offer our Prepaid Plans. Further, you agree that we shall not be liable to
you or any third-party for any termination or cancellation of your access to, or
use of, our Website. You acknowledge that your only right with respect to any
dissatisfaction with any modification or discontinuation of service made by us
pursuant to this provision or this Agreement, or any policies or practices by us
in providing this Website or our Prepaid Plans, including without limitation any
change in content or any change in the amount or type of fees or charges
associated with the Prepaid Plans, is to cancel or terminate your subscription
or registered user account, as applicable.
From time to time, we may supplement this Agreement with additional terms and
conditions pertaining to specific content, activities or events ("Additional
Terms"). Such Additional Terms may be placed on the Website to be viewed in
connection with the specific content, activities, features or events and shall
be identified as such. You understand and agree that such Additional Terms are
hereby incorporated by reference into this Agreement. |
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| 3. |
Charges and Fees for Prepaid Plans |
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Certain portions, components,
content and features of this Website are only
available to individuals who agree to provide our
Prepaid Plans. As a subscriber to provide our
Prepaid Plans, you agree as follows:
- We reserve the right to increase charges and
fees, or to institute new charges or fees at any
time, upon reasonable advance notice communicated to
you through a posting on this Website or such other
means as we may deem appropriate from time to time
(including electronic mail or conventional mail).
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For purposes of your offering of
our Prepaid Plans, you agree to provide us with
true, accurate and complete information as required
by the subscription or sign up process to our
Providers Section ("Doctor’s information "),
including your legal name, address, telephone
number, email address and applicable billing
information. You agree to maintain and promptly
update the Provider Data to keep it accurate.
Without limiting any other provision of this
Agreement, if you provide any information that is
untrue, inaccurate, or incomplete, or we have
reasonable grounds to suspect that such is the case,
we reserve the right to suspend or terminate your
user account or subscription and refuse any and all
current or future use by you of our Website (or any
portion thereof) or any of our Prepaid Plan
offerings.
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You are entirely responsible for maintaining the confidentiality of your
password and user account information. You must notify us immediately in the
event of any known or suspected unauthorized use of your user account, or any
known or suspected breach of security, including loss, theft, or unauthorized
disclosure of your or anyone else's password.
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| 4. |
Cancellation of Subscription |
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Either you or PrePaid Vet may
terminate or cancel your subscription to provide our
Prepaid Plans at any time. You understand and agree that
the cancellation or termination of your subscription is
your sole right and remedy with respect to any dispute
with us including, without limitation, any dispute
related to, or arising out of:
(i) any terms of this
Agreement or our enforcement or application of this
Agreement; (ii) any practice or policy of
PrePaidVet.com,
including our Privacy Policy, or our enforcement or
application of these policies;
(iii) the content
available through this Website or any change in content
provided through the Website or on a Prepaid Plan;
(iv)
your ability to access and/or use our Website or any
Prepaid Plan; or. Upon cancellation or termination of
your subscription to providing our Prepaid Plans, we may
immediately deactivate your user account and all related
information and/or files in your user account and/or bar
any further access to such information and/or files, our
Website (or part thereof) and/or our Prepaid Plans,
except as we may otherwise provide from time to time.
You can cancel your subscription by contacting Customer
Service or by such other means as we may provide from
time to time. We will attempt to process all
cancellation requests within 72 hours after we receive
your request. |
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| 5. |
Availability to Offer Prepaid Plans |
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The availability to provide our Prepaid Plans may be
limited based on demographic, geographic, health or other criteria as we may
establish from time to time. You understand and agree we may disallow you from
providing our Prepaid Plans or may terminate your subscription to our Prepaid
Plans at any time based on these criteria. For example, you must possess a
current and true license to practice Veterinarian Medicine in your said state. |
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| 6. |
Privacy and Security |
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Prepaid Vet is committed to protecting your privacy and
security as well as protecting the privacy and security of your clients. At no
time will any client information be sold or redistributed to anyone. For more
information, you should review our Privacy Policy, which is incorporated into
this Agreement by this reference. |
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| 7. |
Veterinary Responsibility Disclaimer |
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This Website and our Prepaid Plans provide access to veterinary services and
information. Content published over the
Internet is intended only to assist users in their payment for veterinarian
services and link to veterinary providers. PrePaidVet.com is not a medical
organization and our staff cannot give you veterinary advice or diagnosis.
Nothing contained in this Website should be construed as such advice or
diagnosis. The information and reports generated by us should not be
interpreted as a substitute for veterinarian consultation, evaluation, or
treatment. |
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| 8. |
Automatically Become a Registered User |
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As a subscriber to provide our Prepaid Plans, you
automatically become a registered user of this Website, which provides you with
access to certain, offerings, features, or resources of our Website such as the
ability to view your services available and used (such feature is not available
to those who are not registered users). If you cancel your subscription to
provide our Prepaid Plans, you will not be a registered user of our Website. |
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| 9. |
Restrictions on Use of Materials |
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You acknowledge that this Website contains information,
software, photos, video, text, graphics, music, sounds, questions, creative
suggestions, messages, comments, feedback, ideas, notes, drawings, articles and
other materials (collectively, "Content") that are protected by copyrights,
trademarks, trade secrets and/or other proprietary rights, and that these rights
are valid and protected in all forms, media and technologies existing now or
hereafter developed. All Content is copyrighted under the United States
copyright laws (and, if applicable, similar foreign laws), and we own a
copyright in the selection, coordination, arrangement and enhancement of such
Content. All trademarks appearing on this Website are trademarks of their
respective owners. Our commercial partners, suppliers, advertisers, sponsors,
licensors, contractors and other third parties may also have additional
proprietary rights in the Content which they make available on this Website. You
may not modify, publish, transmit, distribute, perform, participate in the
transfer or sale, create derivative works of, or in any way exploit, any of the
Content, in whole or in part. When Content is downloaded to your computer, you
do not obtain any ownership interest in such Content. Modification of the
Content or use of the Content for any other purpose, including, but not limited
to, use of any Content in printed form or on any other website or networked
computer environment is strictly prohibited unless you receive our prior written
consent. |
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| 10. |
Submissions |
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If, at our request or on your own, you send, email, post or
otherwise transmit to us or this Website information, software, photos, video,
text, graphics, music, sounds, questions, creative suggestions, messages,
comments, feedback, recipes, notes, drawings, articles, stories about yourself
or your practice, or other materials (including, but not limited to, posting,
emailing, or otherwise transmitting Postings on any Forum) (collectively, the
"Submissions"), the Submissions shall be deemed, and shall remain, our property.
Except as provided in our Privacy Policy, none of the Submissions shall be
subject to any obligation of confidence on our part, and we shall not be liable
for any use or disclosure of any Submissions. Without limitation of the
foregoing, you grant Prepaid Vet and its successors and assigns a royalty-free,
perpetual, irrevocable, non-exclusive right (including any moral rights) and
license (as well as consent) to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, communicate to the public,
perform and display any Submissions (in whole or in part and with or without the
use of your name) worldwide and/or to incorporate the Submissions in other works
in any form, media, or technology now known or later developed, for the full
term of any copyrights, trademarks and other intellectual and proprietary rights
(collectively, the "Rights") that may exist in such Submissions. You also
warrant that any third party holder of any Rights, including moral rights in
such Submissions, has validly and irrevocably granted to you the right to grant
the license stated above. You further acknowledge that Prepaid Vet and its
successors and assigns shall be entitled to unrestricted use of the Submissions
for any purpose whatsoever, commercial or otherwise, without compensation to the
provider of the Submissions. |
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| 11. |
State License |
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INDIVIDUALS NOT POSSESSING A CURRENT AND TRUE STATE
VETERINARIAN LICENSE ARE NOT PERMITTED TO PROVIDE OUR PREPAID PLANS. |
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| 12. |
Monthly Payment |
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As a subscriber to provide our Prepaid Plans, you will
automatically receive a monthly payments generated by the number and type of
plan which clients have chosen you as their veterinarian. These said payments
will be mailed to you at your place of business in the form of check sent First
Class Mail via United States Postal Service. Payment will be sent on the 25th of
every month. If you cancel your subscription to provide our Prepaid Plans, all
payments will cease immediately. |
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| 13. |
Links |
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This Agreement applies only to this
Website, and not to the websites of any other person or
entity. We may provide, or third parties may provide,
links to other worldwide websites or resources. You
acknowledge and agree that we are not responsible for
the availability of such external sites or resources,
and do not endorse (and are not responsible or liable
for) any content, advertising, products, or other
materials on or available from such websites or
resources. You further acknowledge and agree that, under
no circumstances, will we be held responsible or liable,
directly or indirectly, for any loss or damage that is
caused or alleged to have been caused to you in
connection with your use of, or reliance on, any
content, advertisements, products or other resources
available on any other website (regardless of whether we
directly or indirectly link to such content,
advertisements, products or other resources). You should
direct any concerns with respect to any other website to
that website's administrator or webmaster. |
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| 14. |
Third Party Products and Services |
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When you order marketing material through our Website you
will be ordering from other parties (collectively, the "Third Party Sellers").
All matters concerning the marketing material and other products desired from
the Third Party Sellers, including, but not limited to brochures, posters,
training materials, warranties, guarantees, maintenance and delivery, are solely
between you and the Third Party Sellers. We make no warranties or
representations whatsoever with regard to any services, merchandise and other
products provided by the Third Party Sellers. You will not consider us (and we
will not be construed as) a party to such transactions, whether or not we may
have received some form of revenue or other remuneration in connection with such
transactions, and we will not be liable for any costs or damages arising out of,
either directly or indirectly, you or any other person involved or related to
the transactions. |
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| 15. |
Copyright Complaints |
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We respect the intellectual property of others, and we ask
our providers to do the same. We may, in appropriate circumstances and in our
sole discretion, terminate the rights of any user to use our Website (or any
part thereof) who infringe the intellectual property rights of others. If you
believe that your work has been copied in a way that constitutes copyright
infringement or are aware of someone doing so, please contact our designated
agent for notice of claims of copyright infringement: Jay Van Zandt, General
Partner, PrePaidVet.com, 7140 Lakes End Ct, Mansfield, Texas 76063. |
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| 16. |
Disclaimers of Warranties |
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PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF
WARRANTIES:
THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITATION,
THE PREPAID PLANS) ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY,
SECURITY, ACCURACY OR NON-INFRINGEMENT.
NEITHER PREPAIDVET.COM, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR
RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT
THIS WEBSITE OR ANY FUNCTION CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS
THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
ANY PRODUCT, OFFERING, CONTENT AND MATERIAL (INCLUDING, WITHOUT LIMITATION, THE
PREPAID PLANS) DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE
IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
PRODUCT, OFFERING, CONTENT OR MATERIAL (INCLUDING, WITHOUT LIMITATION, THE
PREPAID PLANS).
NEITHER PREPAIDVET.COM, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR
RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE
ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS,
OFFERINGS, CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITATION, THE PREPAID
PLANS) IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR
PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
PROVIDED FOR IN THIS AGREEMENT. |
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| 17. |
Limitation of Liability |
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YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY
TO USE THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PREPAID PLANS); (B) THE
USE OF ANY CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, THE PREPAID
PLANS) ON THIS WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO THIS WEBSITE, (C)
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE (INCLUDING, WITHOUT
LIMITATION, THE PREPAID PLANS); (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR
WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PREPAID PLANS); OR (F) ANY OTHER
MATTER RELATING TO THIS WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU
FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT
(INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT
PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE. IF YOU ARE DISSATISFIED WITH
ANY PORTION OF OUR WEBSITE, OR WITH ANY OF PROVISION OF THIS AGREEMENT, YOUR
SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE. |
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| 18. |
Indemnification |
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You agree to indemnify, hold harmless and, at our option,
defend us and our affiliates, and our and their officers, directors, employees,
stockholders, agents and representatives from any and all third party claims,
liability, damages and/or costs (including, but not limited to, reasonable
attorneys fees and expenses) arising from your improper use of this Website or
our products or offerings (including, without limitation, the Prepaid Plans),
your violation of this Agreement, or your infringement, or the infringement or
use by any other user of your account, of any intellectual property or other
right of any person or entity. |
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Governing Law and Choice of Forum |
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This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas, without giving effect to any
principles of conflicts of law. You agree that any action at law or in equity
arising out of or relating to your use of this Website (including, without
limitation, the Prepaid Plans) or this Agreement shall be filed only in the
state or federal courts located in Tarrant County in the State of Texas and you
hereby consent and submit to the personal jurisdiction of such courts for the
purposes of litigating any such action. |
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| 20. |
Miscellaneous Terms |
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In any action against us arising from the use of this Website
(including, without limitation, the Prepaid Plans), the prevailing party shall
be entitled to recover all legal expenses incurred in connection with the
action, including but not limited to its costs, both taxable and non-taxable,
and reasonable attorney's fees.
If any provision of these terms shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from these terms
and shall not affect the validity and enforceability of any remaining
provisions. This Agreement, together with the Terms & Conditions (if
applicable), are the entire agreement between you and us relating to the subject
matter herein. In the event of any conflict between this Agreement and any other
agreement, this Agreement shall control. This Agreement may be modified only by
our posting of changes to this Agreement on this Website, or by written
agreement of both parties. Each time you access this Website, you will be deemed
to have accepted any such changes.
We may assign our rights and obligations under this Agreement. This Agreement
will inure to the benefit of our successors, assigns and licensees. The failure
of either party to insist upon or enforce the strict performance of the other
party with respect to any provision of this Agreement, or to exercise any right
under this Agreement, will not be construed as a waiver or relinquishment to any
extent of such party's right to assert or rely upon any such provision or right
in that or any other instance; rather, the same will be and remain in full force
and effect. |
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