UPDATED JUNE 2022

BY VISITING OR USING ANY OF REVU4.COM FAMILY OF WEBSITES (INCLUDING, BUT NOT LIMITED TO WWW.REVU4.COM OR ANY PAGE OF REVU4.COM WEBSITES), YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE AND THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND REVU4.COM IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT VISIT OR USE ANY OF REVU4.COM WEBSITES OR ANY PAGE OF REVU4.COM’S FAMILY OF WEBSITES.

FURTHERMORE, BY USING ANY OF REVU4.COM WEBSITES, YOU ACKNOWLEDGE THAT REVU4.COM PROVIDES SOFTWARE TO (YOU) THE BUSINESS OWNER THAT CAN BE USED TO BUILD AND POST REVIEWS FOR YOUR BUSINESS VIA TEXT MESSAGE AND EMAIL AND ALSO CAN PROVIDE CUSTOMER FEEDBACK TO YOU VIA TEXT MESSAGE AND EMAIL FOR A PAID FEE.

Introduction

This page provides our policies and procedures for collecting, using and disclosing your information and outlines the security measures we’ve put in place to protect the information that you store using REVU4’s services, including the services made available through this website, and any other software or services offered by REVU4 in connection with such services (the “Services”). By using these Services, you consent to the collection, transfer, processing, storage, disclosure and other uses of your information described in this Privacy Policy.

What information does REVU4 collect and store?

Personal Information

When expressing an interest in obtaining additional information about the Services or registering to use the Services, REVU4 requires you to provide your personal contact information, such as your name, company name, address, phone number, and email address (these are referred to below as your “Personal Contact Information”). When purchasing the Services, REVU4 also requires you to provide financial and billing information, such as billing name and address, credit card number, and the number of employees within the organization that will be using the Services (“Billing Information”).

Data, Diagnostic & Login Information

Using REVU4’s Services, you can create, upload, store and share information such as company description, email ID, logo, photos, custom emails, user email IDs, etc. (this is collectively referred to below as “Data”). This information will be stored and maintained on REVU4’s website. If you run into technical errors in the course of using the Services, REVU4 may request your permission to obtain a crash report along with certain logging information from your system documenting the error (“Diagnostic Information”). Such information may contain information regarding your Operating System version, hardware, browser version (and .NET version information in case of Windows systems), and your email address if provided. Additionally, certain login information is maintained in a cookie stored locally on your computer (i.e. not on a server) in order to streamline the login process (“Login Information”).

Analytics Information

As you navigate REVU4’s website and use our Services, REVU4 may also collect information through the use of frequently used information-gathering tools, such as cookies and Web beacons (“Website Navigational Information”). Website Navigational Information includes standard information from your web browser (such as browser type and browser language), your Internet Protocol (“IP”) address, and the actions you take on REVU4’s website (such as web pages viewed and links clicked). Collectively, this information is referred to as “Analytics Information.”

What does REVU4 do with the information it collects?

REVU4 uses the information it collects in the following ways:

1. Personal Contact Information – We use this information primarily to administer our Services to you and provide you with updates and product announcements.
2. Billing Information – REVU4 does not store any Billing Information on its servers. Instead, we use a payment provider, Stripe (www.stripe.com), to store and process all payment-related transactions.
3. Data, Diagnostic Information and Login Information – We use this information solely for the purpose of administering and improving our Services to you.
4. Analytics Information – REVU4 may use your Analytics Information in conjunction with an analytics service such as Google Analytics to monitor and analyze use of the Services, for the Services’ technical administration, to increase the Services’ functionality and user-friendliness, and to verify users have the authorization required for the Services to process their requests.

Sharing & Disclosure of Private Information

Marketing and Publicity

You agree to permit REVU4 to identify you as a customer and to use your name and/or logo in REVU4’s website and marketing materials.

Sale of Personal Information

REVU4 does not sell, rent, or trade your private information to any third parties in any way.

Service Providers and Business Partners

REVU4 may use certain trusted third-party companies and individuals to help us provide, analyze, and improve the Services (including, but not limited to, data storage, maintenance services, database management, web analytics, payment processing, and improvement of the Services’ features). These third parties may have access to your information strictly for the purposes of performing these tasks on our behalf and under obligations similar to those in this Privacy and Security Policy.

Our Use And Disclosure of Information

REVU4 will not disclose any personally identifiable information about any individual except as set forth in this Privacy Policy. This applies to information about our customers and information our customers provide to us about their customers. We are not limited in any way in our use of non-personal information that does not permit direct association with any specific individual or non-identifiable aggregate information about our users (such as the number of customers who use our services, the geographic distribution of our users, the amount of information located and/or removed, etc.).

Internal Uses of Your Personally Identifiable Information

We collect, store and process your personally identifiable information on servers located in the United States. Due to the unpredictable nature of Internet routing, your information may pass through other countries while in transit to our servers. We use the information we collect about you in order to:

• Develop and deliver our services
• Process your transactions
• Provide customer service and manage your account
• Improve our products, services and marketing.

We provide access to personally identifiable information about our users only to those who require it for the above purposes.

REVU4 will not sell or rent any of your personally identifiable information to third parties. REVU4 will not share any of your personally identifiable information with third parties except in the limited circumstances described below.

We share information with service providers under contract who help with our business operations such as payment and order processing, fraud investigation, bill collection, and information management and analytics.

As with any other business, it is possible that in the future, REVU4 could merge with or be acquired by another company. If such an acquisition occurs, the successor company would have access to the information maintained by REVU4, including customer account information, but would continue to be bound by this Privacy Policy until it is amended.

The implementation of our Services, by its very nature, may require using your personally identifiable information to locate other information about you. Such use may include, but not be limited to, using your information to search the publicly accessible Internet sites as well as searching private information databases and sites.

We will retain your information for as long as your account is active or as needed to provide you the Services. If you wish to cancel your account or request that we no longer use your information to provide you the Services, you may delete your account (this will be done by REVU4’s customer care team). If you delete your account, your Data will no longer be stored in our servers. While we try to delete your Data from our servers as quickly as possible, please be aware that there may be a delay from the time you delete your account to the time that your Data is removed, and that some of your Data may continue to exist for a period in backup copies.

The Service

Pricing

You have the option to buy more SMS credits if you reach the limit for review invitations on your account. Additional SMS review invitations are charged at $20 per thousand above your limit, for US and Canada.

Minimum Subscription Contract

A minimum subscription contract of six (6) months is to be purchased by the subscriber. After that period, the subscription contract is month-to-month and you can cancel at any time.

Returns & Refund Policy

We offer no returns/refunds on software/online portal/accounts/advertisements purchased on REVU4.com during a billing cycle. If you wish to discontinue service for the software, please send an email within 48 hours prior to the next billing.

Subscription Suspensions & Reactivations

Suspension requests must be submitted by email no less than 48 hours prior to your next billing. You may suspend your REVU4 subscription and all related services for up to three months (cumulatively) within a 12-month period. Your account will be automatically reactivated after three months (accumulative). A 25% (twenty-five percent) holding fee will be charged for each month of suspension and applied as a reactivation fee when your subscription is reactivated.

Changes To Privacy Statement

If we decide to make material changes to our privacy policy, we will notify you by e-mail through the primary e-mail address specified in your account and/or post those changes to this privacy statement on the Website homepage prior to the changes taking effect. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you.

You are also responsible for regularly reviewing the Privacy Statement and related documents. We reserve the right to modify this Privacy Statement at any time. No amendment to or modification of this Statement will be binding unless in writing and signed by a duly authorized representative of REVU4 or posted to the Site by a duly authorized representative of REVU4.

In the event that REVU4 goes through a business transition, such as a merger, an acquisition by another company, or a sale of a portion of its assets, users’ personally identifiable information will, in most instances, be part of the assets transferred. Users will be notified via prominent notice on the site for 30 days after a change of ownership or control of their personally identifiable information. If, as a result of the business transition, a user’s personally identifiable information will be used in a manner different from that stated at the time of collection, users will be given a choice consistent with our notification of changes section.

GENERAL TERMS

THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE PROVINCE OF ONTARIO. CANADA. YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF COURTS SITTING IN ON, IN ALL DISPUTES ARISING OUT OF OR RELATING TO THE USE OF REVU4.COM WEBSITES. USE OF REVU4.COM WEBSITES IS UNAUTHORIZED IN ANY JURISDICTION THAT DOES NOT GIVE EFFECT TO ALL PROVISIONS OF THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION THIS PARAGRAPH.

YOU AGREE THAT NO JOINT VENTURE, PARTNERSHIP, EMPLOYMENT, OR AGENCY RELATIONSHIP EXISTS BETWEEN YOU AND REVU4.COM AS A RESULT OF THIS AGREEMENT OR USE OF REVU4.COM WEBSITES. REVU4.COM’S PERFORMANCE OF THIS AGREEMENT IS SUBJECT TO EXISTING LAWS AND LEGAL PROCESS, AND NOTHING CONTAINED IN THIS AGREEMENT IS IN DEROGATION OF REVU4.COM’S RIGHT TO COMPLY WITH GOVERNMENTAL, COURT AND LAW ENFORCEMENT REQUESTS OR REQUIREMENTS RELATING TO YOUR USE OF THE REVU4.COM WEBSITES OR INFORMATION PROVIDED TO OR GATHERED BY REVU4.COM WITH RESPECT TO SUCH USE. IF ANY PART OF THIS AGREEMENT IS DETERMINED TO BE INVALID OR UNENFORCEABLE PURSUANT TO APPLICABLE LAW INCLUDING, BUT NOT LIMITED TO, THE WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS SET FORTH ABOVE, THEN THE INVALID OR UNENFORCEABLE PROVISION WILL BE DEEMED SUPERSEDED BY A VALID, ENFORCEABLE PROVISION THAT MOST CLOSELY MATCHES THE INTENT OF THE ORIGINAL PROVISION AND THE REMAINDER OF THE AGREEMENT SHALL CONTINUE IN EFFECT. UNLESS OTHERWISE SPECIFIED HEREIN, THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND REVU4.COM WITH RESPECT TO REVU4.COM WEBSITES AND IT SUPERSEDES ALL PRIOR OR CONTEMPORANEOUS COMMUNICATIONS AND PROPOSALS, WHETHER ELECTRONIC, ORAL OR WRITTEN, BETWEEN YOU AND REVU4.COM WITH RESPECT TO REVU4.COM WEBSITES. A PRINTED VERSION OF THIS AGREEMENT AND OF ANY NOTICE GIVEN IN ELECTRONIC FORM SHALL BE ADMISSIBLE IN JUDICIAL OR ADMINISTRATIVE PROCEEDINGS BASED UPON OR RELATING TO THIS AGREEMENT TO THE SAME EXTENT AND SUBJECT TO THE SAME CONDITIONS AS OTHER BUSINESS DOCUMENTS AND RECORDS ORIGINALLY GENERATED AND MAINTAINED IN PRINTED FORM.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. REVU4.COM, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME.

IN NO EVENT SHALL REVU4.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF REVU4.COM WEBSITES, WITH THE DELAY OR INABILITY TO USE REVU4.COM WEBSITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH REVU4.COM WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF REVU4.COM WEBSITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF REVU4.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF REVU4.COM WEBSITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING REVU4.COM WEBSITES.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS REVU4.COM, ITS PARTNERS, AFFILIATES, SUBSIDIARIES AND SUPPLIERS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE (INCLUDING ATTORNEYS’ REASONABLE FEES) RELATED TO YOUR VIOLATION OF THIS AGREEMENT.

DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
THE REVU4.COM SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. REVU4.COM EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE REVU4.COM SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY REVU4.COM, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL REVU4.COM, REVU4.COM, ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE REVU4.COM SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE REVU4.COM SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO REVU4.COM RECORDS, PROGRAMS OR SERVICES. THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT REVU4.COM IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM REVU4.COM AND ITS AFFILIATES. REVU4.COM IS NOT RESPONSIBLE FOR TEXT MESSAGES OR EMAILS NOT RECEIVED FOR ANY REASON.

LIMITATION OF LIABILITY
EXCEPT FOR ACTIONS BY REVU4.COM TO COLLECT FEES DUE TO US, IN THE EVENT THAT EITHER PARTY BREACHES ITS OBLIGATIONS UNDER THIS AGREEMENT, THE NON-BREACHING PARTY SHALL HAVE THE RIGHT TO EXERCISE ALL RIGHTS AND REMEDIES AVAILABLE TO IT AT LAW OR IN EQUITY; PROVIDED, HOWEVER, SUBJECT TO THE DAMAGE AMOUNT LIMITATION SET FORTH BELOW, THE LIABILITY OF THE BREACHING PARTY SHALL BE LIMITED TO DIRECT, ACTUAL DAMAGES ONLY AND ALL OTHER DAMAGES AND REMEDIES ARE EXPRESSLY WAIVED. IN NO EVENT SHALL EITHER PARTY INCLUDING REVU4.COM, ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO THE OTHER PARTY FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES IN TORT, CONTRACT OR OTHERWISE INCLUDING, WITHOUT LIMITATION, LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR CLAIM. LIABILITY OF REVU4.COM, ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWO (2) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100).
WITH THE EXCEPTION OF A LEGAL ACTION BY US TO COLLECT PAYMENT OF FEES DUE FOR LEADS DELIVERED FOR WHICH SUCH ACTION MAY BE BROUGHT WITHIN THREE (3) YEARS OF THE DEBT BEING INCURRED, NO OTHER ACTION ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY EITHER PARTY MORE THAN ONE YEAR AFTER SUCH CAUSE OF ACTION OCCURS.
THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.

FORCE MAJEURE
NEITHER PARTY SHALL BE LIABLE IN ANY WAY FOR ITS FAILURE TO PERFORM HEREUNDER, OTHER THAN ITS FAILURE TO PAY ANY MONIES DUE AND OWING HEREUNDER, IF SUCH FAILURE IS OCCASIONED BY ANY OF THE FOLLOWING: WAR; FIRE; FLOOD; INTERRUPTION OF TRANSPORTATION; EMBARGO; ACCIDENT; EXPLOSION; GOVERNMENTAL ORDERS, REGULATIONS, RESTRICTIONS, PRIORITIES OR RATIONING; STRIKE, LOCKOUT OR OTHER LABOUR PROBLEMS; OR ANY CAUSE BEYOND THE REASONABLE CONTROL OF THE NON-PERFORMING PARTY PROVIDED, HOWEVER, THAT THE NON-PERFORMING PARTY SHALL MAKE A GOOD FAITH EFFORT TO PERFORM.

COPYRIGHT AND TRADEMARKS
ALL CONTENTS OF THE REVU4.COM WEBSITE ARE PROPRIETARY TO REVU4.COM ITS SUCCESSORS AND ASSIGNS, AND/OR ITS SUPPLIERS AND ARE PROTECTED UNDER CANADIAN AND INTERNATIONAL COPYRIGHT AND TRADEMARK LAWS. ALL RIGHTS ARE RESERVED. YOU MAY NOT DOWNLOAD AND/OR SAVE A COPY OF ANY OF THE SCREENS EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT; YOU MAY, HOWEVER, PRINT A COPY OF THE INFORMATION ON THIS WEBSITE FOR YOUR PERSONAL RECORDS TO BE USED AS A REFERENCE. REVU4.COM DOES NOT GRANT ANY LICENSE OR OTHER AUTHORIZATION TO ANY USER OF ITS TRADEMARKS, SERVICE MARKS, COPYRIGHTABLE MATERIAL OR OTHER INTELLECTUAL PROPERTY BY PLACING THEM ON THIS WEBSITE. REVU4.COM RESERVES ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN.

TERM OF AGREEMENT AND TERMINATION

THIS AGREEMENT IS NON-CANCELLABLE BY YOU THE BUSINESS OWNER or RENEWED ACCOUNT FOLLOWING ACTIVATION AND SOFTWARE RECEIVED.

This Agreement shall remain in force and effect as long as you hold an account with REVU4.COM. You may close your account at any time following your initial six-month subscription term and terminate this Agreement by providing a email within 48 hours to REVU4.COM BEFORE YOUR NEXT BILLING CYCLE, WITH YOUR EXPLICIT REQUEST TO CANCEL your account. The use of software memberships are available on a monthly basis. There are no refunds on purchased subscriptions on www.REVU4.COM or between billing cycles.

1) Client will be provided with the advertisement/technology/desktop online portal/ from REVU4.COM website they purchased. Client has the ability to upload and enter there customer’s full name, email and phone number on the portal and the customer will receive a text message via email and/or sms technology with instructions to rate there experience with the Business. The software has the ability to also show the customer who rated there experience with the business and instruction on a how to post a automatic google review to the business owners google places page. Clients can add information and edit there account information at any time with REVU4.COM. Client also has access to all the available features on the portal that REVU4.COM provides. Clients also will get a email report of feedback posted by customers and online reviews for there business.

2) In the event the other party suffers any insolvency proceeding, either voluntary or involuntary, or is adjudicated bankrupt or makes any assignment for the benefit of creditors. Such termination shall not relieve the party in proceedings from liability for the performance of its obligations arising prior to such termination and shall be in addition to all other rights and remedies the terminating party may have available to it under this Agreement, at law or in equity; or

3) At any time upon written notice (including electronic mail) with or without cause by REVU4.COM in the event of a material breach by you of any of the Terms of Service set forth herein.

4) Upon written notice to the other party if such party reasonably believes that (i) performance of this Agreement violates or is being conducted in a manner that does not comply with any applicable law, regulation, licensing requirement, ordinance or order, and (ii) that such violation or non-compliance cannot be remedied or that the cost of remediation or compliance is prohibitive.

5) REVU4.COM is not responsible for web browsers or inaccuracies that Client has on account or cannot operate.

GOVERNING LAW AND CHOICE OF VENUE
Ontario law shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction’s laws and without regard to conflicts of law principles. In any litigation, arbitration, or other proceedings by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liability clause. The parties consent to the exclusive jurisdiction and venue of the courts of the Province of Ontario, City of Toronto or to any Federal Court located within Canada.

SEVERABILITY
If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

SURVIVABILITY
The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely confidentiality/non-disclosure, warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.