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Terms of Service

By using the FireCastle website (the “Website”), you agree to these terms and conditions as an agreement between you and FireCastle (referred to as “we”, “us”, or “our”). This Agreement also incorporates our Privacy Policy as if set forth at length herein. If you do not wish to agree to these terms, please refrain from using the Website.

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We provide professional legal services related to trademark prosecution, representing clients throughout the trademark application and registration process.

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Conditions to Use Our Website

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Your permission to use the Website is conditioned upon your agreement that you:

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  • Will comply with these Terms of Service;

  • Are 18 years of age or older;

  • Will not use the Website in a manner that violates the laws of the United States, including, but not limited to, its export and re-export laws;

  • Will provide accurate information when creating an account, submitting content, or registering for our Website;

  • Will not allow others to use the Website under your User ID;

  • Are solely responsible for your User ID and the activity that occurs through your User ID;

  • Will not use the Website for any commercial purposes other than the specific commercial activities contained on the Website and will not use it to obtain data or personal information about any other users or to solicit other users or advertisers;

  • Are solely responsible for any content provided by you on the Website, including but not limited to any discussion posts, profile information, links, videos, and pictures, including the ownership of any licenses or rights necessary to use the work of others and will not submit any copyrighted materials or work subject to others’ proprietary rights;

  • Grant the Website and other users a non-exclusive license to read your materials and to use, reproduce, distribute, prepare derivative works of, and/or display any materials provided by you; and

  • Agree that we have the right to remove any and/or all of your content and terminate your account with or without prior notice.

Your Account/Profile

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To access certain parts of the Website, we may require you to create an account and/or profile. All such information provided by you shall be accurate, and you agree to keep said information up to date. Anyone whose privilege to use the Website was previously terminated by us may not register for another profile or account, nor use another’s profile or account to use the site or create an account on your behalf.

Because sharing User IDs is prohibited, we assume that access to the Website through your User ID is, in fact, you. You are solely responsible for any and all access to the Website by persons using your User ID. If you believe your User ID is being used without authorization, notify us immediately at ross@redriverlaw.com.

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Your Content

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We reserve the right to authorize the publishing of various content provided by you (hereinafter “User Generated Content” or “UGC”). You agree not to post or use any UGC in any way that:

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  • Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary rights of others;

  • Violates the privacy, publicity, or other rights of third parties;

  • Is unlawful, false, inaccurate, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by us in our sole discretion; or

  • Could damage our company, parent company, sister companies, affiliates, advertisers, or other parties.

 

We are not obligated in any way to remove any UGC that may violate one or more of these restrictions. We may, but are not obligated to, remove any UGC in violation of these terms, terminate user accounts, or take other actions. We are not responsible for any harm to you caused by UGC.

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Your Conduct

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By using the Website, you agree not to:

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  • Conduct or promote any illegal activities;

  • Attempt to reverse engineer or interfere in any way with the functioning of the Website or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure);

  • Attempt to gain access to secured portions of the Website;

  • Use the Website to generate unsolicited email advertisements or spam;

  • Use any automatic or manual process to search or harvest information from the Website;

  • Interfere in any way with the proper functioning of the Website; or

  • Impersonate another user.

 

Links to Other Sites

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We may have links to third-party websites that are not owned, controlled, or operated by us. We do not assume any responsibility for the content, privacy policies, or practices of any other websites or their owners. We are not endorsing or recommending any other websites, products, or services by the simple inclusion of a link to another website.

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Termination

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We reserve the right to alter or discontinue the Website or any of the services provided herein at any time without prior notice. We also reserve the right to terminate this Agreement at our discretion and for any reason without prior notice. This Agreement will automatically terminate if, in our sole discretion, you violate any of the terms and conditions set forth herein. Termination will result in the immediate cessation of access to the Website. The Disclaimers of Warranty and Limitation of Liability, Indemnity, Dispute Resolution sections, and all terms and conditions related to your Content shall survive the termination of this Agreement.

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Display of Data and Search

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We rely upon government records and may display them on this Website. While we try to use the most recent information available, we cannot guarantee its accuracy or timeliness.

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Calendar Reminders

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As part of our services, we may offer reminders or notifications about certain deadlines that may apply to your trademark matters. These notifications are for informational purposes only. Your situation may be different from general guidelines, and you should consider consulting with us or another licensed attorney regarding the applicable deadlines that apply to your specific situation. Automated notifications are not legal advice or legal interpretations based on your specifics.

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Legal Services Disclaimer

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We provide legal services related to trademark prosecution and representation before the United States Patent and Trademark Office (USPTO). While we strive to offer accurate and reliable information, nothing on this Website should be construed as legal advice for any individual case or situation without a formal attorney-client relationship.

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All communications with FireCastle are covered by attorney-client privilege, and are confidential.

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Search Services

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If you use our search services, we use commercially reasonable methods to identify marks that may be similar to the ones you seek to use. However, we cannot guarantee that your mark will be approved even if you use our search services. There may be several reasons the USPTO rejects your mark, and there are circumstances where a search may not identify a mark the USPTO identifies as a reason to reject your mark.

Likewise, when your order covers common law mark searches, we use commercially reasonable methods to identify marks that may be similar to yours. However, we cannot guarantee that your mark will be free of or prevail over all claims or challenges made by holders of common law rights to all marks.

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The purpose of the search report is to provide you with marks that satisfy the parameters identified for the type of search you use. It is not meant to be legal advice as to whether your proposed mark will be rejected or whether it would be considered similar to another mark. You may want to consult with us or another attorney regarding the results of the search report we furnish you.

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Trademark Monitoring Services

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Our trademark monitoring service monitors the application while it is processing at the USPTO and then continues to monitor the trademark once registered, this monitor is for USPTO actions and does not monitor your application or trademark for infringement purposes. 

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Third-Party Services

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Third-party services referenced on our Website are provided by independent entities. Legal services provided by such third parties are subject to their terms of service.

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Subscription and Auto-Renewals

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If you signed up for one or more subscription services through the Website, these additional terms apply.

Your license to the Services is valid during the period your subscription remains in good standing, and there are no outstanding subscription payments (hereinafter “Subscription Term”). To keep your Subscription Term valid and in force, you must pay all charges to your account relating to your subscriptions, including applicable taxes and fees. Unless otherwise provided, your Subscription Term is on an automatic renewal, and you will be required to pay, through the credit card provided by you, for the next applicable Subscription Term at the beginning of the Subscription Term period. These charges are applied regardless of whether you continue to use the Services during the Subscription Term. YOU ARE RESPONSIBLE FOR SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED.

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If your Subscription Term is month-to-month and your purchase date is on the 29th through 31st day of any month, your renewal date will fall on the last day of the month for any succeeding months with fewer days. Unless otherwise provided, the renewal period will be the same as the price you originally paid.

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We may offer promotional trial memberships. Although the promotional trial membership may be advertised as a free promotional membership, you authorize us to charge your credit card $1 to confirm the source of the payment. AT THE END OF A TRIAL OR PROMOTIONAL MEMBERSHIP, UNLESS OTHERWISE STATED IN THE OFFER OR YOU CANCEL, YOUR SUBSCRIPTION WILL RENEW AUTOMATICALLY, AND YOUR CREDIT CARD WILL BE CHARGED TO BEGIN YOUR INITIAL SUBSCRIPTION TERM. It is very important to understand that you will not receive a notice from us that your free trial has ended and that payment for your subscription is due.

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We may discontinue offering subscriptions and will cease charging you accordingly. We may also terminate your subscription at our sole discretion, subject to your right to a pro-rated refund of fees.

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We may increase subscription fees and/or terms with 30 days’ notice to you. You may terminate your services before the increase in fees or renewal terms is put into effect. If you do not cancel, you will be charged the new rate at the time of the renewal of your Subscription Term. The increased amount and/or your renewed Subscription Term will be the new applicable length.

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If your payment on file is not approved on the date of the renewal of the Subscription Term, you will be allowed a period of at least three business days to provide updated payment information. If no updated information is provided after the three-business-day period, we may suspend your service and terminate the Subscription. If we make a charge to your credit card and it is declined, we may, but are not obligated to, make subsequent attempts to bill the card to collect the amount due. We also reserve the right to charge your card smaller amounts in more than one transaction, not to exceed the amount of the due Subscription Term payment. In the event that you or we (through our payment service providers) update your payment method to remedy a change in validity or expiration date, we will automatically resume billing you for your subscription to the Services. We reserve the right not to reactivate an account or subscription until all past due amounts are paid.

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After you have canceled, your subscription and account will remain active through the end of the then-current Subscription Term. After termination, you may not have access to your account or the Services related to your subscription.

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New Services/Features

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From time to time, we may 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 of Service.

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Disclaimers of Warranty and Limitations of Liability

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We provide the Website and the related services “as is,” “where is,” and “as available.” We make no express or implied warranties or guarantees about the Website or the goods and services described thereon. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, AGENTS, AND VENDORS DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES THAT THE WEBSITE AND SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, OR FIT FOR A PARTICULAR PURPOSE OR NEED. We do not guarantee that we will meet your requirements or that our service will be error-free, accurate, reliable, without interruption, or available at all times. We make no guarantee that you will be able to access or use the Website at times or locations of your choosing.

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YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE OR CLAIM WITH US IS TO CEASE USE OF THE WEBSITE. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE WEBSITE IN ANY WAY. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, damage to any other equipment, or any other commercial damages or losses, even if we knew or should have known of the possibility of such damages. If any jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdiction, our liability and the liability of our affiliates, officers, directors, agents, and vendors shall be limited to the extent permitted by law.

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In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

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Indemnity

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You agree to defend, indemnify, and hold harmless us, our officers, directors, representatives, employees, and agents, and all of our parent companies, affiliates, related companies and their officers, directors, representatives, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from:

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  • Your violation of any term of these Terms of Service;

  • Your violation of any third-party right, including without limitation any copyright, property, privacy right, or any and all intangible or intellectual property rights;

  • Any claim that any of your UGC causes damage to a third party.

 

Dispute Resolution

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For the purposes of this Section, references to “FireCastle,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, business partners, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us.

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In this Agreement, Dispute is defined as “any dispute, claim, or controversy between you and FireCastle, its members, officers, directors, agents, parent companies, and vendors that arises out of or relates to this Agreement or use of the Site or Service, or otherwise regarding any aspect of your relationship with FireCastle that has accrued or may thereafter accrue, whether based in contract, statute (including, but not limited to, any consumer protection statutes, regulation, ordinance), tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory."

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The arbitrability of any Disputes is governed by the Federal Arbitration Act and not any state laws applicable to arbitrations. Regarding the substantive law of any Disputes, to the maximum extent authorized by law, the laws of the State of [Your State] govern the non-arbitration-related interpretation of this Agreement and the substantive law of any Dispute, regardless of conflict of laws principles.

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Arbitration - none all disputes will be determined by the laws of the United States or the the State of North Dakota in court.

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Export Control

 

You may not access, download, use, or export the Services in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required.

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Intellectual Property

 

We, or people from whom we obtained a license, retain ownership of all intellectual property rights of any kind associated with the Website, including all applicable trademarks, copyrights, and other proprietary rights, such as trade secrets. Through the use of this Website pursuant to this Agreement, you have a limited right to use the Website, but in no way are we granting any license to you under any of those intellectual property rights. We reserve all rights that are not expressly granted to you in this Agreement. You may print limited numbers of one or more pages from the Website for your personal use.

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We retain, to the maximum extent possible, all ownership, without limitation, of all the text, software, scripts, graphics, photos, sounds, interactive features, and the trademarks, service marks, and logos contained therein (“Marks”) unless they are marks used by third parties who have provided them to us for use on this Website. The Marks are owned or licensed to us, subject to copyright and other intellectual property rights under the law of the United States of America, the law of the jurisdiction where you reside, and international conventions. All content on the Website provided by us is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Website.

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You retain any intellectual property rights in any copyrighted materials and trademarks that are contained in UGC that you post to the Website. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, translate, distribute, publicly perform, and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit, and exercise any and all such rights, under any and all of your intellectual property rights related to the UGC in any manner we choose.

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Copyright Notice

 

If you believe we have infringed on your copyrights, please submit a notification pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)) in writing to ross@redriverlaw.com with the subject: “Copyright Notice.” Your notice needs to include:

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  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material.

  4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address.

  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Choice of Language

 

The original of these Terms of Service was written in English, which will be the controlling language in all respects. You have received these Terms of Service and any other related communications and consents to having received these documents solely in English. If you receive this or any other document related to these Terms of Service translated into a language other than English, it will have no legal or other effect. By accepting these Terms of Service, you confirm having read and understood the documents relating to these Terms of Service, which were provided in English.

 

Entire Agreement

 

This Agreement, including the Privacy Policy, constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.

 

Modifications to the Agreement

 

We reserve the right at all times to discontinue or modify any of these terms and/or our Privacy Policy as we deem necessary or desirable. Such changes may include, among other things, the adding of certain fees or charges. We may, but are not necessarily obligated to, notify you via email of any substantial changes by sending you an email to the email address that is registered with your account and/or by posting notice of the change on the Website. Any changes to this Agreement will be effective upon the earlier of our dispatch of an email notice to you or our posting of notice of the changes on our Website. We suggest you, therefore, re-read this section of our Website from time to time to stay informed of any such changes. Use of the Website by you after such notice shall be deemed to constitute acceptance by you of such modifications.

 

Authorization

 

By submitting an order or engaging our services, you acknowledge that you are authorizing us to represent you in matters before the USPTO related to your trademarks. This may include listing ourselves as a recipient of correspondence from the USPTO related to your trademarks.

 

Refund Policy

 

FireCastle strives to meet the trademark needs of our clients in a professional, courteous, and efficient manner. We want every client to be 100% satisfied, so we will work with any client who has any questions or concerns about their filings. Our customer service team is made up of dedicated trademark professionals with one goal—to meet each client’s needs in a friendly, caring, and efficient manner. If you do not think we have met this goal, let us know, and we will be happy to make every effort to resolve the issues to your satisfaction. If we don’t, please request a refund of the fees you paid to FireCastle. You can send us an email at ross@redriverlaw.com.

 

Please note only FireCastle fees are refundable; all government fees involved in your filing services are non-refundable. The USPTO may experience delays or deny your application without any fault of FireCastle. These issues are out of our control and will not be the basis for a refund.

 

If you decide that you want a refund, all such requests must be submitted within 30 days of purchase. Your refund will be issued in the same form that it was received. For example, if the payment to FireCastle was made by credit card, then the refund will be issued to the same credit card used to make the payment. However, if you choose, you may request to receive a credit for future FireCastle purchases/payments instead of a refund. All orders will expire six months from the order date if we are not in active engagement with you at the one-year anniversary from your date of purchase, and you will lose any rights to refunds or additional services at that time. If we are unable to fulfill your order for any reason outside of any error or mistake on our part, we reserve the right to keep a processing fee. Our obligation ceases when we file documents with the appropriate government agencies, and we are not responsible for delays from the agencies where documents are filed. You acknowledge that we incur time and expenses for processing your order with the intent to perform the work. Abandoned orders will result in liquidated damages equal to the amount paid to us for reimbursement of our commitment to service this order.

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Help

 

If you need assistance, you can contact us at ross@redriverlaw.com or call our Support Center at 612 584 9726.

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Privacy Policy

 

FireCastle understands the importance of privacy in our users’ lives. Learn more by visiting our Privacy Policy.

 

Miscellaneous

 

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. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. 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.

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The section headings used herein are for convenience only and shall have no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid.

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