Terms of Use

Welcome to the UStronics website (the “website”). Please read these terms and conditions of use carefully (“Terms of Use”). These Terms of Use govern how you may access and use the website and the UStronics Services (defined below). By visiting the website, you affirm that you have read and accept all of the following terms and conditions, which we may update from time to time without notice to you. Your continued use of this website and UStronics Services after changes to the Terms of Use have been published constitutes your binding acceptance of the updated Terms of Use. If at any time the Terms of Use are no longer acceptable to you, you should immediately cease all use of this website and the UStronics Services. We will provide you advance notice of any material revisions. This notice will be provided in your UStronics account portal or via an e-mail to the e-mail address owner of your UStronics account. We encourage you to check the effective date of these Terms of Use whenever you visit UStronics’ website or log in to your UStronics account. Your continued access or use of the UStronics Services constitutes your acceptance of any revisions.

UStronics Services Account

Rules of Conduct

When using this website or UStronics Services, including (without limitation) when uploading or otherwise transmitting content through this website or UStronics Services, you agree not to: (a) violate any applicable local, state, national or international law or regulations; (b) engage in fraudulent activity of any kind, including by forging information, impersonating other people, contributing information which you know to be false, or misrepresenting your affiliation with any person or entity; (c) transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, pornographic, indecent, libelous, invasive of another’s privacy or publicity rights, bigoted, hateful or racially, ethnically or otherwise objectionable; (d) violate or attempt to violate the security of the website, UStronics Services, use any device, software or routine to interfere or attempt to interfere with the proper working of the website, or take any action that imposes an unreasonable or disproportionately large load on our infrastructure; (e) engage in any activity that restricts or inhibits any other user from using or enjoying this website or the UStronics Services, such as by “hacking”, “cracking”, “spoofing”, or defacing any portions of this website or the UStronics Services; (f) upload any e-mail addresses, or collect personal information for any commercial use or unlawful purposes; (g) transmit any content which you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (h) transmit any content that contains any viruses, worms, time bombs, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt, destroy or limit the functionality of any software or hardware or equipment or materials used in connection with the website or the UStronics Services; (i) infringe, misappropriate, or otherwise violate any existing national or international copyright, trademark, service mark, trade name or other intellectual property or proprietary rights of any person or entity whatsoever; (j) encourage or promote illegal activities; (k) give any password used for a function of this website or the UStronics Services to anyone; (l) transmit advertising or commercial solicitations, promotional materials relating to website or the UStronics Services or online services or software which are competitive with UStronics and/or this website; (m) transmit political campaign materials, chain letters, mass mailings or spam mail; (n) transmit any robot, spider, website search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of this website or its contents; or (o) harvest or collect information about the UStronics Services or website visitors without their express written consent. UStronics reserves the right to seek damages from any person or entity which violates these Terms of Use to the fullest extent permitted by law.

UStronics has the right and sole discretion, but not the obligation, to monitor the content of this website and to edit, refuse to post, or remove any material submitted to or posted on this website that we find to be in violation of these Terms of Use, or which is otherwise objectionable. You are solely responsible for any information you post, transmit or otherwise make available on this website or the UStronics Services. You acknowledge and agree that UStronics does not have any liability for any action or inaction with respect to any conduct, communication or posting on this website.

Trademarks, Copyrights and other Intellectual Property Rights

UStronics and BE THE FIRST TO EXPERIENCE are registered trademarks of UStronics, Inc. The trademarks, logos and service marks displayed on this website are the property of UStronics or other third parties. You are not permitted to use these marks without the prior written consent of UStronics or such third party which may own the Mark.

Any information, our perspective, methodologies, studies, video files, audio files, software code, photographs, graphics, processes, technologies or other materials (the “Materials”) published on the websites may be the subject of intellectual property rights reserved by UStronics, its subsidiaries or licensors. The site visitors Terms of Use do not grant a license hereunder to otherwise use, copy, distribute or transfer the Materials.

UStronics either owns the intellectual property rights in the HTML, text, images, audio, video, software or other content that is made available on this website, or has made such materials available with permission of the owner. Without its prior written permission, UStronics prohibits the redistribution or copying of any part of this website or content on this website. However, UStronics authorizes you to display on your computer, download and print pages from this website, provided that the pages are unaltered and the content is used only for personal, educational and non-commercial and is not redistributed or copied to any other media.

Prices and Charges

Manufacturers constantly update their product lines and eliminate some models. Should you learn of a new model on the market which is not listed in our catalog, please let us know by calling us toll free at: 1-800-765-0020 or email us at sales@ustronics.com for more information.

Change in Price – It is our main priority to ensure the prices on our website are as accurate as possible. However, manufacturers continuously change their prices without notice. Accordingly, we reserve the right to change a price without notice to conform to the manufacturer’s new price.

Price Correction – If a price is corrected while a purchase is in process, you will be informed of the change before payment is processed and offered the opportunity to cancel the order if you wish to do so.

Erroneous Price – If an order is placed for an item with an erroneous price, and the erroneous price is less than the cost price of the item, we reserve the right to offer the product at cost or, alternatively, the opportunity for the customer to cancel the order.

Out-of-Stock/Pre-Release Items – Prices on orders for out-of-stock or pre-release items are valid for one week after the order is placed. If the price changes when stock becomes available customers will be informed of the change before payment is processed and offered the opportunity to cancel or edit the order.

Charges: Our prices are subject to change at any time without notice. Unless specified otherwise, current charges for the order will only include those for the equipment, shipping & handling and sales taxes.

Payment Terms

Fees. You agree to pay fees in accordance with the rates listed with respect to the UStronics Services, unless otherwise set forth in an order form or order confirmation between the parties (an “Order Form”).

At UStronics, we strive to provide a simple and easy solution for our clients. Therefore, we have numerous methods of payments available.

Credit Cards and other forms of payment. – UStronics primary method of payment is by credit cards issued in the United States of America which includes American Express, Visa and MasterCard. We also accept payment via wire transfer, money order and cashier’s check. All methods of payment are subject to verification which may delay the processing of your order. Cashier’s checks and money orders are subject to a delay period of up to three business days, depending on the clearance time of the issuing bank.

Debit Cards – Please be aware that when purchasing via debit card, an authorization is required at the time of placing the order. If there is any delay in the processing of your order, the authorization will be put on hold up to 30 business days. Even if you cancel the order immediately after purchase, immediate refund is not possible due to the hold on the account. This will leave the selected funds unavailable until a written authorization is sent by UStronics to the designated bank where the money is being kept on hold. UStronics.com is not liable for any costs or damages that the customer may incur resulting from such debit card transaction. These costs may include additional charges resulting in overdraft, fees charged on unavailable funds, or fees charged on checks which are dishonored for insufficient funds, or any other fee associated with a fund remaining on hold due to a debit card authorization.

Non-Payment

Those customers who make payments on Net 30 period basis must pay their bills within thirty calendar days. If any customer fails to make payment after thirty calendar days, we will send him/her a reminder to make the payment. If the customer fails to make payment within thirty calendar days after the date of the reminder receipt, UStronics.com, Inc. may, in its sole discretion, pursue its legal remedies in the appropriate court in Loudoun County, Virginia. In such case, the customer agrees to pay all court costs along with any reasonable attorneys’ costs or any other costs or expenses arising from the collection. In addition, the defaulting customer may be charged a daily interest rate on the unpaid balance based on an annualized 15% APR interest rate.

Taxes. Unless otherwise stated in an Order Form, you shall be responsible for and shall pay all Taxes imposed on or with respect to the UStronics Services that are the subject of this Agreement whether such Taxes are imposed directly upon you or upon us. “Taxes” mean all applicable federal, state and local taxes, fees, charges, telecommunications provider (e.g., carrier) surcharges or other similar exactions, including, without limitation , sales and use taxes, communications service taxes, utility user’s taxes or fees, excise taxes, VAT, GST, other license or business and occupations taxes, 911 taxes, franchise fees and universal service fund fees or taxes. For purposes of this Section, Taxes do not include any Taxes that are imposed on or measured by our net income, property tax, or payroll taxes. If you are exempt from any such Taxes for any reason, we will exempt you from such Taxes on a going-forward basis once you deliver a duly executed and dated valid exemption certificate to our tax department and our tax department has approved such exemption certificate. Such exemptions should be sent directly to UStronics. If you are exempt from VAT or GST, then it is your responsibility to provide your VAT or GST registration number to us. If you provide us an exemption certificate or your VAT or GST number after you have paid Taxes, then we will provide, upon your written request, a credit to your UStronics account for Taxes previously paid for up to a period of three (3) months from the date of receipt of your written request. If for any reason a taxing jurisdiction determines that you are not exempt from any such exempted Taxes and then assesses us such Taxes, you agree to promptly pay to us such Taxes, plus any applicable interest or penalties assessed.

Should you be required by applicable Law to withhold any tax from any payment owed to us, then you may provide us with an exemption certificate or similar document to reduce or eliminate any such withholding. Upon receipt of such certificate or document, you shall thereafter reduce or eliminate, as the case may be, such withholding. You shall provide us with documents evidencing your payment of any such withheld Tax to applicable tax authorities.

Software and Ownership

Any software that is made available to you to download from this website is the copyrighted work of UStronics and/or third parties. Your use of such software is governed by the terms of the end user license agreement which accompanies or is included with the Software.

General. As between you and UStronics, UStronics exclusively own and reserve all right, title and interest in and to the UStronics Services, Software, Documentation, our Confidential Information and Customer Service Data; as well as any feedback, recommendations, correction requests, or suggestions from you or any End User about the Services (“Contributions”). As between you and UStronics, you exclusively own and reserve all right, title and interest in and to each Customer Data and Application and your Confidential Information.

Confidentiality

“Confidential Information” means any information or data, regardless of whether it is in tangible form, disclosed by either party that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential given the nature of the information and the circumstances surrounding disclosure. Confidential Information does not include any information which: (a) is publicly available through no fault of the receiving party; (b) was properly known to the receiving party, without restriction, prior to disclosure by the disclosing party; (c) was properly disclosed to the receiving party, without restriction, by another person without violation of the disclosing party’s rights; or (d) is independently developed by the receiving party without use of or reference to the Confidential Information of the disclosing party.

The receiving party agrees that it will use the Confidential Information of the disclosing party solely in accordance with these Terms and it will not disclose such Confidential Information to any third party without the disclosing party’s prior written consent, except as otherwise permitted hereunder; provided. UStronics may use and disclose your Confidential Information as necessary to provide the Services. The receiving party agrees to exercise due care in protecting Confidential Information of the disclosing party from unauthorized use and disclosure. The receiving party may disclose the Confidential Information of the disclosing party to End Users, who have a need to know and are legally bound to keep such information confidential consistent with the terms of this Section. The receiving party may disclose the Confidential Information of the disclosing party as required by applicable law provided that, prior to any such compelled disclosure, the receiving party will, if permissible: (a) promptly notify the disclosing party in writing to allow the disclosing party a reasonable opportunity to resist such disclosure and/or seek a protective order, and (b) reasonably cooperate with the disclosing party in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure. In the event that such protection against disclosure is not obtained, the receiving party will be entitled to disclose the Confidential Information of the disclosing party, but only as and to the extent necessary to legally comply with such compelled disclosure.

Access and Use of UStronics Services.

Provision of the UStronics Services. We will make the UStronics Services available to you in accordance with this service level agreement (“UStronics Services SLA”), which may be updated from time to time.

You may use the UStronics Services, on a non-exclusive basis, solely to:

(a) Use the Documentation and UStronics APIs as needed to develop your Application;

(b) Use and make the UStronics Services available to End Users in connection with the use of each Customer Application in accordance with the Documentation and our Acceptable Use Policy;

(c) Use the UStronics Services solely in connection with and as necessary for your activities pursuant to these Terms; and

(d) Allow your affiliates to use the UStronics Services pursuant to this Section.

Use of Customer Data

“Customer Data” consists of data and other information made available to us through the use of the Services under these Terms, including, Customer Usage Data and Customer Content.

“Customer Content” shall mean (a) content exchanged by means of use of the UStronics Services, such as text, message bodies, voice and video media, images, and sound; (b) data stored on Customer’s behalf via the UStronics Services such as communication logs; and (c) any other personal data that the Customer chooses to include within the body of an e-mail that it sends using the UStronics Services.

“Customer Usage Data” shall mean data processed by UStronics for the purposes of transmitting, distributing or exchanging Customer Content; including data used to trace and identify the source and destination of a communication, such as (a) individual data subjects’ telephone numbers, data on the location of the device generated in the context of providing the UStronics Services, and the date, time, duration and the type of communication; and (b) activity logs used to trace and identify the source of UStronics Service requests, optimize and maintain performance of the UStronics Services, and investigate and prevent system abuse.

“Customer Service Data” shall mean aggregated, non-personally identifiable data or information (data or information that does not identify an entity or natural person as the source thereof) resulting from Customer’s and its End Users’ use and operation of the UStronics Services, including information relating to volumes, frequencies, bounce rates or any other information regarding the email and other communications Customer or its End Users generate and send using the UStronics Services.

You acknowledge that you have read our “Privacy Policy” which shall mean (a) for the UStronics Services, this UStronics Privacy Policy (“UStronics’ Privacy Policy) and understand that it sets forth how we will collect, store, and use your Customer Data. If you do not agree with our Privacy Policies, then you must stop using the UStronics Services immediately.

You instruct us to use and disclose Customer Data as necessary to (a) provide the UStronics Services consistent with UStronics’ then-current Privacy Policy, this Section, including detecting, preventing, and investigating security incidents, fraud, spam, or unlawful use of the UStronics Services and (b) respond to any technical problems or your queries and ensure the proper working of the UStronics Services. You acknowledge, that email and SMS are an insecure medium that is generally not encrypted in transit and security of information transmitted through the Internet can never be guaranteed and, accordingly, we are not responsible for any interception or interruption of any communications through the internet or for changes to or loss of Customer Data in connection with the UStronics Services.

By the way, when we refer to “Law” in these Terms, we mean any statute, law, ordinance, regulation, rule, judgment or order of a government, court, or tribunal of competent jurisdiction, including, without limitation, any data protection laws, privacy laws, any laws that requires you to obtain consent from an End User or provide notice to an End User in connection with such End User’s use of each Customer Application, any state, federal, and international laws, regulations, and rules related to the recording or monitoring of telephone calls, SMS messages, or other communications, the U.S. Foreign Corrupt Practices Act, rules established by the Federal Communications Commission, any federal or state anti-spam statute or regulation, including the CAN SPAM Act of 2003, or any federal or state statute or regulation prohibiting the dissemination of unsolicited communications, including the Telephone Consumer Protection Act of 1991 (TCPA).

Return and Deletion of Customer Usage Data & Customer Content

Upon termination of these Terms, we may retain, use, and disclose Customer Usage Data: (a) for UStronics’ accounting, tax, billing, audit, and compliance purposes; (b) to investigate fraud, spam, or unlawful use of the UStronics Services; and/or (c) as required by applicable Law, provided that the retention, use, and disclosure of such Customer Usage Data for the foregoing purposes is subject to the confidentiality obligations. We shall anonymize or otherwise delete Customer Usage Data after we no longer require it for the foregoing purposes.

Customer Content within the UStronics Services. We provide you the ability to obtain a copy of and delete Customer Content via the UStronics Services. You agree that you are solely responsible for obtaining a copy of and deleting Customer Content via the UStronics Services. Upon termination of this Agreement, we will: (i) provide you thirty (30) days after the termination effective date to obtain a copy of any stored Customer Content via the UStronics Services; (ii) automatically delete any stored Customer Content thirty days after the termination effective date; and (iii) automatically delete any stored Customer Content on UStronics’ back-up systems sixty days after the termination effective date. Any Customer Content archived on UStronics’ back-up systems will be securely isolated and protected from any further processing, except as otherwise required by applicable Law.

Retention if Required by law. Notwithstanding anything to the contrary in this Section, UStronics may retain Customer Content or any portion of it if required by applicable Law.

Term and Termination/Suspension

Term. These Terms, as may be updated from time to time, will commence on the date they are accepted by you and continue until terminated in accordance with Section (Termination / Suspension) below (“Term”).

Termination / Suspension. Either party may terminate these Terms and close your UStronics Services account(s) for any reason upon thirty (30) days written notice to the other party. Notwithstanding the preceding sentence, if there is an Order Form(s) in effect, then these Terms will not terminate until such Order Form(s) have expired or been terminated. UStronics, at its sole discretion, may terminate these Terms and close your UStronics Services account(s) in the event you commit any material breach of these Terms and fail to remedy that breach within Seven (7) days after UStronics provides written notice of that breach to you. You may also terminate these Terms in the event we commit a material breach of these Terms and fail to remedy that breach within seven (7) days after providing written notice of that breach to us.

In addition to suspension of the Services for non-payment of fees as described in the Non-Payment section, we may also suspend the UStronics Services immediately upon notice for cause if: (a) you violate (or give us reason to believe you have violated) our Acceptable Use Policy; (b) there is reason to believe the traffic created from your use of the UStronics Services or your use of the UStronics Services is fraudulent or negatively impacting the operating capability of the UStronics Services; (c) we determine, in our sole discretion, that providing the UStronics Services is prohibited by applicable Law, or it has become impractical or unfeasible for any legal or regulatory reason to provide the UStronics Services; or (d) subject to applicable Law, upon your liquidation, commencement of dissolution proceedings, disposal of your assets or change of control, a failure to continue business, assignment for the benefit of creditors, or if you become the subject of bankruptcy or similar proceeding. We will use commercially reasonable efforts to (x) provide you as much prior notice as possible of any situation that we are aware of that could lead to a right to suspend described in this paragraph, (y) work with you to remedy any situation that could lead to a right to suspend described in this paragraph if such situation can be remedied, and (z) limit any suspension as much a possible given the circumstances leading to the suspension (e.g., to certain phone numbers, sub-accounts or other subset of traffic).

Links

Solely as a courtesy to you, this website may contain links to third-party websites and resources. We do not endorse, approve, certify or control any of those websites. Because we do not have any control over such sites, you acknowledge and agree that we are not responsible for the content of the sites or the availability, accuracy, completeness, efficacy, or timeliness of information contained on those sites. Use of those sites or any information obtained from those sites is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy and timeliness. UStronics believes that you should take all necessary precautions whenever you use or download from a non-UStronics website and you should take whatever measures you can to ensure that any information or file downloads are free from viruses.

Export Control

By using this website, you represent and warrant that you are not prohibited by the U.S. government from participating in export or re-export transactions, or located in, under the control of, or a national or resident of any country to which the United States has embargoed goods. You agree you will not export or re-export any Materials unless you have complied with all applicable U.S. and foreign government export controls and approvals. UStronics makes no claim that content contained on this website is appropriate or may be downloaded outside the United States. If you access this website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Indemnification

Any person or entity submitting content or otherwise using this website agrees to defend, indemnify and hold UStronics and its affiliates and licensors, and their respective officers, directors, employees and agents, harmless from and against any and all claims, losses, liabilities and expenses (including attorneys’ fees) related to or arising out of such use, including (without limitation) claims made by third parties related to a violation of any representation or warranty contained in these Terms of Use and any claim related to submitted content, even if such content is reviewed by UStronics prior to publishing on the website.

Disclaimer

TO THE FULLEST EXTENT PERMITTED BY LAW, THIS WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE VIA THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THIS WEBSITE AND ANY CONTENT AVAILABLE FROM THIS WEBSITE IS AT YOUR OWN RISK. USTRONICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, NON-INTERFERENCE AND ACCURACY OF INFORMATIONAL CONTENT. USTRONICS DISCLAIMS LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, OR LOST PROFITS, THAT MAY RESULT, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THIS WEBSITE OR ANY CONTENT AVAILABLE FROM THIS WEBSITE, INCLUDING (WITHOUT LIMITATION) ANY DAMAGE TO COMPUTER SYSTEMS, HARDWARE OR SOFTWARE, LOSS OF DATA, OR ANY OTHER PERFORMANCE FAILURES, OR ANY ERRORS, BUGS, VIRUSES OR OTHER DEFECTS THAT RESULT FROM OR ARE ASSOCIATED WITH USE OF THIS WEBSITE OR ANY CONTENT AVAILABLE FROM THIS WEBSITE.

ANY CONTENT DOWNLOADED OR OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT. INFORMATION CREATED BY A THIRD PARTY THAT YOU MAY ACCESS ON THIS WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY USTRONICS AND REMAINS THE RESPONSIBILITY OF THE THIRD PARTY.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL USTRONICS, ITS CONTRACTORS OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RESULTING FROM ANY USE OF THIS WEBSITE, OR THE CONTENTS THEREOF, OR OF ANY HYPERLINKED WEB SITE, INCLUDING (WITHOUT LIMITATION) ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHERWISE, EVEN IF USTRONICS, ITS CONTRACTORS OR ITS LICENSORS WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Privacy

Please see our Privacy Policy, located at https://www.ustronics.com/privacy-policy , which is incorporated herein by reference.

Jurisdiction & Dispute Resolution

UStronics controls the websites from its offices in Sterling, VA, United States of America. Website visitors agree that any legal action, proceeding or other matters relating to their access to or use of the Materials or the websites shall be governed by U.S. federal law and the laws of the Commonwealth of Virginia, U.S.A., without regard to choice of law provisions. YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE OR ANY MATERIALS SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF LOUDOUN IN THE STATE OF VIRGINIA. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR ANY MATERIALS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.

If any provision of these Terms of Use is found to be invalid by a court with competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.