- 1.1 Throughout the site, the terms “we”, “us” and “our” refer to Project Content. Project Content offers our website, including all service rendered outside of the website, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
- 1.2 By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions of Service apply to all users of the Project Content, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
- 1.3 Please read these Terms and Conditions of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions of Service are considered an offer, acceptance is expressly limited to these Terms and Conditions of Service.
- 1.4 Any new features or tools which are added to the current site shall also be subject to the Terms and Conditions of Service. You can review the most current version of the Terms and Conditions of Service at any time online. We reserve the right to update, change or replace any part of these Terms and Conditions of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
- 2.1 End User means the means the entity or person entering into this PROJECT CONTENT agreement.
- 2.2 End User Content means all text, pictures, sound, graphics, video, user generated materials and other data placed or supplied by Customer on the Project Content network or displays.
- 2.3 End User Marks means the trademarks, service marks, trade names, logos and other commercial and product designations of Customer.
- 2.4 Counties means a U.S.A. or Canada county or counties
- 2.5 Content Service Subscription means a service plan contract that has been purchased or provided for under contract by Project Content with the End User
3. PRODUCT DEFINITIONS
- 3.1 Content Library is a library of content available for download and use with an End User’s digital display. Project Content provides a variety of background templates, animated files, graphics, and layouts. Project Content will make periodic updates to the contents of the library.
- 3.2 PRESTO is a content editing and resizing tool, combined with a library of content available for download and use with and End User’s digital display. Project Content regularly updates the library with background templates, animated files, graphics, and layouts. End Users have access to the most current content provided for by Project Content.
- 3.3 Custom Content Creation, is the service provided for by Project Content to create custom logos, animations, videos, or sound for use in the display on digital displays. Project Content will create draft content for approval after the artwork, outline, and description for the custom content is provided. Timeline for revision submittals will be subject to the extent of the requested changes.
- 3.4 Content Credit is the measurement of design time used to weigh various types of custom content. Typical custom content that utilizes two-dimensional animation and is less than 10 seconds will use one content credit. Unused credits are not transferable past the contract term and are not eligible to rollover to subsequent months. End Users who use all of their content credits in a contract can purchase additional subscriptions or upgrade an existing subscription. Project Content reserves the right to classify and assign different amounts of content credit to a content request based on complexity, 3D animation, or length.
- 3.5 Basic Weather Conditions means the service provided for by Project Content to make available, for use in digital displays, the current weather temperature available from the closest weather station to the digital display. The accuracy of the weather is tied to the weather services provided to Project Content from third party vendors. Layout templates are provided in the base content library and custom layouts are available through a current content service subscription.
- 3.6 Extended Weather Conditions means the service provided for by Project Content to make available, for use in digital displays, the current weather conditions available from the closest weather station to the digital display. Expanded conditions include wind speed, precipitation amounts, etc. The accuracy of the weather is tied to the weather services provided to Project Content from third party vendors. Layout templates are provided in the base content library and custom layouts are available through a current content service subscription.
- 3.7 Weather means the service provided for by Project Content to make available, for use in digital displays, the current weather forecasts available from the closest weather station to the digital display. The accuracy of the weather is tied to the weather services provided to Project Content from third party vendors. Layout templates are provided in the base content library and custom layouts are available through a current content service subscription.
- 3.8 Daily Content is the various feeds we provide that have updating content everyday throughout the 365 day calendar including holidays. The accuracy of content is tied to the service provided to Project Content from third party vendors. Layout templates are provided in the base content library and custom layouts are available through a current content service subscription.
- 3.9 News is the various feeds we provide to the digital signs. End User directs which feeds will be displayed on sign. Only public feeds are included in standard plans. Additional requirements to integrate certain feeds will be considered a custom dynamic application and billed separately. The accuracy of content is tied to the service provided to Project Content from third party vendors. Layout templates are provided in the base content library and custom layouts are available through a current content service subscription.
- 3.10 Finance Package is composite and individual stock number information. Regularly updating is provided for most markets and individual stocks. Additional information is available and may require additional programming that will be considered a custom dynamic application and billed separately. The accuracy of content is tied to the service provided to Project Content from third party vendors. Layout templates are provided in the base content library and custom layouts are available through a current content service subscription.
- 3.11 Social Media is an application that allows for data from a social media account to be dynamically displayed on the end user digital display and requires authentication and permissions set in the end user’s account. All messages displayed on the sign will be managed and filtered by the end user’s social media account. The accuracy of content is tied to the service provided to Project Content from third party vendors. Layout templates are provided in the base content library and custom layouts are available through a current content service subscription.
- 3.12 Additional Sign Location is an additional feature that allows for custom content to be formatted for additional sign locations with different pixel dimensions. Only resizes are included in this additional feature. If two locations require two different content files to be displayed it will require the use of additional custom content credits.
4. TERMS AND RENEWAL
- 4.1 This Agreement may be terminated by Project Content on 30 days’ notice if Customer fails to perform in accordance with any of the terms set forth herein. If Customer fails to make timely payment of any fees hereunder, Project Content may also suspend the delivery of its Products or services through signal reception disengagement without notice, and/or accelerate and collect the balance of the total payments that would otherwise be due under this Agreement by charging customer’s credit card or by other means.
5. PROJECT CONTENT OBLIGATIONS
- 5.1 Project Content will provide the following:
- 5.1.1 Project Content will make the Project Content product service available to users twenty‐four (24) hours a day, seven (7) days a week, subject to (a) scheduled downtime; (b) downtime periods caused by equipment, software maintenance; (c) downtime periods caused by equipment, software, or communications failure; and (d) downtime periods caused by events beyond control of Project Content including but not limited to data feed providers.
6. ONLINE STORE TERMS
- 6.1 By agreeing to these Terms and Conditions of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
- 6.2 You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- 6.3 You must not transmit any worms or viruses or any code of a destructive nature.
- 6.4 A breach or violation of any of the Terms will result in an immediate termination of your Services.
7. GENERAL CONDITIONS
- 7.1 We reserve the right to refuse service to anyone for any reason at any time.
- 7.2 You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
- 7.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
- 7.4 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
8. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
- 8.1 We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
- 8.2 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
9. MODIFICATIONS TO THE SERVICE AND PRICES
- 9.1 Prices for our products are subject to change without notice.
- 9.2 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
- 9.3 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
10. PRODUCTS OR SERVICES (if applicable)
- 10.1 Certain products or services may be available exclusively online through the website.
- 10.2 We have made every effort to display as accurately as possible the colors and images of our products that appear in our library. We cannot guarantee that your computer monitor’s display of any color will be accurate. Due to variances in digital screen’s product specifications we cannot guarantee that your digital display will playback the content as seen on your computer monitor’s display.
- 10.3 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
- 10.4 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
- 10.5 Project Content retains all intellectual property rights and interests in the Aggregate Data, Products or services provided hereunder, including but not limited to all patents, copyrights, and trademarks. Project Content reserves the right to use graphics, elements, and animations from custom content made specifically for customers in other products we offer.
- 10.6 dditional Sign or Display Locations, including but not limited to social media, is an additional feature that allows for custom content to be formatted for additional display locations with different pixel dimensions. Only resizes are included in this additional feature. If two locations require two different content files to be displayed it will require the use of additional custom content credits.
11. ACCURACY OF BILLING, ACCOUNT INFORMATION, AND RENEWAL
- 11.1 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
- 11.2 You agree to provide current, complete and accurate purchase and account information for all purchases made. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
- 11.3 These Terms and Conditions (including any Addendum, unless specified otherwise in the Addendum) shall commence upon execution and continue for the Initial Contract.
- 11.4 Term set forth on the front page. The Initial Contract Term will start on the date Customer agrees to the Terms and Conditions. Thereafter, purchases and selections shall continue in accordance with the start and end date referenced on the front page. After the Initial Contract Term, Project Content may increase the recurring fees for any billing period. Recurring fees will be effective at the beginning of the next billing period.
- 11.5 Billing options for Project Content subscriptions and services consist of the following:
- 11.5.1. “Month-to-Month” is defined as no contractual agreement where a customer can cancel service anytime. Monthly, automated credit card is the acceptable payment option.
- 11.5.2. “Annual Monthly” is defined as an annual contract or longer, that is paid out monthly. Monthly, automated credit card is the acceptable payment option. Annual Monthly agreements may be cancelled by the customer with a written notice of intent of 30 days or longer, but customer is responsible for payout of the remaining balance of the current contract term.
- 11.5.3. “Annual Annual” is defined as an annual contract or longer, that is pre-paid in full and in advance of the services being delivered. Automated credit card is the accepted form of payment for contract totals less than $6,000/year. Automated Credit Card, ACH debit, or invoice payable by check are the acceptable payment options for contracts that are equal to or exceed $6,000/year. Annual Annual agreements may be cancelled by the customer with a written notice of intent of 30 days lor longer, but customer is not eligible for any refunds based on unused portions of the service term.
12. OPTIONAL TOOLS AND DATA
- 12.1 We may provide you with access to third-party tools, including data feeds, over which we neither monitor nor have any control nor input.
- 12.2 You acknowledge and agree that we provide access to such tools ”as-is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
- 12.3 Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
- 12.4 We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions of Service.
- 12.5 You acknowledge that any Products or services provided to Customer by Project Content are pursuant to these terms and conditions and are only advisory in nature. All Products or services are in part based on data provided by third parties. Project Content cannot and does not warrant or assume responsibility for the accuracy of the services or data provided by Project Content. It is the Customer’s sole responsibility to verify the correctness and accuracy of all materials, services or products furnished by Project Content. Customer acknowledges the highly speculative nature of the financial and commodity markets, and understands that there are no claims, promises, representations, or warranties of any nature, expressed or implied, with respect to any of the Products or services provided by Project Content.
13. THIRD-PARTY LINKS
- 13.1 Certain content, products and services available via our Service may include materials from third-parties.
- 13.2 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
- 13.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
14. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
- 14.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
- 14.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions of Service.
- 14.3 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
15. ERRORS, INACCURACIES AND OMISSIONS
- 15.1 Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
- 15.2 We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
16. PROHIBITED USES
- 16.1 In addition to other prohibitions as set forth in the Terms and Conditions of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
17. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
- 17.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
- 17.2 We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
- 17.3 You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
- 17.4 You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
- 17.5 In no case shall Project Content, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
18. WARRANTY, LIMITED LIABILITY, INDEMNIFICATION
- 18.1 Neither Project Content nor any of its suppliers makes any warranties, whether oral, written, expressed or implied, with respect to the products or services to be provided under this agreement, including without limitation, any warranty of merchantability or fitness for a particular purpose or any warranty of non‐infringement or warranty as to the adequacy, accuracy, timeliness or completeness of the products or services for any particular use or purpose. In no event will Project Content or any of its suppliers be liable for any loss, liability, damage or expense in connection with this agreement or the performance or non‐ performance of the products or services by Project Content or its suppliers, and in no event shall the cumulative liability of Project Content or its suppliers under this agreement (including any addenda) exceed the fees paid by customer to Project Content related to the non‐performing product or service during the preceding one month period. In no event will Project Content, its suppliers, or their members, officers, shareholders, directors, or agents be liable for any incidental, indirect, special, exemplary, or consequential damages, including damages resulting from loss of use, loss of data, loss of profit or loss of business arising out of or in connection with this agreement, even if Project Content has been advised of the possibility of such damages. Customer will indemnify and hold harmless Project Content and its suppliers from any claim (not excluding the right of Project Content or its suppliers to participate) due to customer’s breach of any provision under this agreement, or due to any delay, inaccuracies, errors, or omissions of products or services provided by Project Content, and shall pay for all expenses and attorneys’ fees relating to such claim. Project Content shall not be liable for any damages or penalties for delay in delivery or use of the products or services based on any events or conditions, including, but not limited to: (i) acts of god, civil or military authority; (ii) actions or inactions of any governmental entity (foreign or domestic) or its agencies and departments, the national weather service, or the national oceanic and atmospheric administration; (iii) acts of public enemy; (iv) suspension, interruption, or unavailability of data communicated from any governmental or private sources; accidents, fires, explosions, earthquakes, floods, energy shortages, other elements of nature; (vi) strikes, labor disputes, shortage of suitable parts, materials, or labor, computer malfunction, communication system malfunction, transportation problems, or delay in delivery by vendors.
- 18.2 If Customer experiences any performance issues with the Products or services hereunder, Customer must contact Project Content immediately for instructions. At no time shall Customer attempt to repair or modify the Products or services itself. Customer acknowledges that Project Content sole obligation and Customer’s exclusive remedy in the event of any material and continuing non‐conformity, defect, or error in the Products or services shall be to take reasonable corrective actions upon discovery of the problem.
- 18.3 Customer acknowledges that any Products or services provided to Customer by Project Content pursuant to this Agreement are only advisory in nature. All Products or services are in part based on data provided by third parties. Project Content cannot and does not warrant or assume responsibility for the accuracy of the services or data provided by Project Content. It is Customer’s sole responsibility to verify the correctness and accuracy of all materials, services or products furnished by Project Content. Customer acknowledges the highly speculative nature of the financial and commodity markets, and understands that there are no claims, promises, representations, or warranties of any nature, expressed or implied, with respect to any of the Products or services provided by Project Content. Project Content may reasonably make changes to the Products.
- 18.4 Project Content shall not be liable for any damages or penalties for delay in delivery or use of the Products or services based on any events or conditions, including, but not limited to: (i) acts of God, civil, or military authority; (ii) actions or inactions of any governmental entity (foreign or domestic) or its agencies and departments; (iii) acts of a public enemy; (iv) suspension, interruption, or unavailability of data communicated from any governmental or private sources; (v) accidents, fires, explosions, earthquakes, floods, energy shortages, other elements of nature; (vi) strikes, labor disputes, shortage of suitable materials or labor, computer or communication system malfunction, transportation problems, or delay in delivery by vendors
- 18.5 Project Content retains all intellectual property rights and interests in the Aggregate Data, Products or services provided hereunder, including but not limited to all patents, copyrights, and trademarks.
- 18.6 Subject to the limitations of liability set forth herein, Project Content will indemnify Customer as to any rightful claim that Customer’s use of the Products infringes a United States patent or copyright, provided that Customer gives Project Content prompt written notice of the claim, allows Project Content to have sole control of the defense or settlement thereof, and cooperates fully with Project Content defense or settlement. In the defense or settlement of a claim, or if use of the Products is enjoined, Project Content may, at its expense and option: (a) procure for Customer the right to continue using the Products; (b) replace or modify the Products so it becomes non infringing; or if neither of these is practical, (c) grant Customer a reasonable credit for the Products not to exceed the amount paid by Customer to Project Content under this Agreement in the previous one month period. Project Content will not be liable to Customer for any claim that is based upon: (i) use of the Products in modified form or in a manner for which they were not designed; (ii) use of the Products in combination with goods or services not provided by Project Content; (iii) use of the Products in practicing any process; or (iv) furnishing to Customer of any information, service or applications assistance. In no event shall Project Content total liability to Customer under or as a result of compliance with the provisions of this section exceed the aggregate sum paid to Project Content by Customer for the allegedly infringing Products. The foregoing states the entire liability of Project Content with respect to infringement of patents or copyrights of the Products. Customer shall hold Project Content harmless against any expense, judgment, or loss for infringement of any patents, copyrights or trademarks which results from Project Content compliance with Customer designs, specifications, or instructions and shall indemnify Project Content for all costs, including attorneys’ fees, of defending against any such claims.
- 19.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
- 19.2 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
- 19.3 Early Termination. An End User can terminate a current content subscription by paying any remaining balance on the current contract.
- 19.4 Termination or temporary suspension due to sign damage or breakage: If customer is on a month-to-month plan with a credit card for payment, you can temporarily suspend your service by logging in and moving to our Basic/Free plan. When customer is ready to resume service, they can log back into their account and resume paid services by clicking “Update Plan or Payment”. For annual contracts or longer, regardless of it you have paid upfront, in full for the term, or are paying out the term monthly, we cannot suspend service. If you have another sign or asset that you want to temporarily move services to, we will make reasonable efforts to accommodate that, but full stoppage or suspension of service is not allowed.
20. ENTIRE AGREEMENT
- 20.1 The failure of us to exercise or enforce any right or provision of these Terms and Conditions of Service shall not constitute a waiver of such right or provision.
- 20.2 These Terms and Conditions of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions of Service).
- 20.3 Any ambiguities in the interpretation of these Terms and Conditions of Service shall not be construed against the drafting party.
21. GOVERNING LAW
- 21.1 These Terms and Conditions of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 3526 N. Comotara, Wichita, Kansas 67226, United States.
- 21.2 CHANGES TO TERMS AND CONDITIONS OF SERVICE
- 21.2.1 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions of Service constitutes acceptance of those changes.