Zenso Creative, LLC, TERMS OF SERVICE (“AGREEMENT”)
December 2021

By using the ZensoCreative.com web site (“Service”), or any services of
Zenso Creative Terms of Service
December 2021

By using the ZensoCreative.com web site (“Service”), or any services of
Zenso Creative™, LLC, (Zenso Creative™), you are agreeing to be bound by the following
terms and conditions (“Terms of Service”).

IF YOU ARE ENTERING INTO
THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL
ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND
SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR
SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND
CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL
REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED
WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT
AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT
ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICE.

Zenso Creative™, LLC, reserves the right to update and change the Terms
of Service from time to time without notice. Any new features that augment
or enhance the current Service, including the release of new tools and
resources, shall be subject to the Terms of Service. Continued use of the
Service after any such changes shall constitute your consent to such
changes. You can review the most current version of the Terms of Service
at any time at: https://zensocreative.com/terms-of-service
Violation of any of the terms below may result in the termination of your
Account. You agree to use the Service at your own risk.

A. Account Terms

1. You must be 13 years or older to use this Service
2. You must provide your legal full name, a valid email address, and any
other information requested in order to complete the signup process.
3. Your login may only be used by one person – a single login shared by
multiple people is not permitted. You may create separate logins for
as many people as your plan allows.
4. You are responsible for maintaining the security of your account and
password. Zenso Creative™, LLC, cannot and will not be liable for
any loss or damage from your failure to comply with this security
obligation.
5. You are responsible for managing payment transactions on your own
website. Zenso Creative™, LLC, cannot and will not be liable for any
loss or damage from your failure to manage your own payment
transactions. Any disputes with users of your website are not the
responsibility of Zenso Creative™, LLC, and are solely the
responsibility of you, the user of the Service.
6. If you cancel the Service or cancel your listing, it is your responsibility
to cancel all member subscriptions. Zenso Creative™, LLC, will not
be held liable for ongoing payment transactions that occur after you
cancel usage of the Service. It is your responsibility to ensure that
when you cancel usage of the Service, that all your member’s
payment transactions are canceled and that no future billings occur.
7. The payment processing system may only be used for your
membership subscriptions, or the purchase of other services that are
fulfilled through the Zenso Creative™, LLC platform. The purchase of
other 3rd party services that are not fulfilled through the Zenso
Creative™, LLC platform (marketing services, subscriptions to other
services or websites, advertising agreements, etc) cannot be charged
through the payment processing system of your Zenso Creative™
Directory listing. This is done to protect members, users, and website
owners from credit card fraud and other potential financial damage.
8. You are responsible for providing all Content posted and activity that
occurs under your account (even when Content is provided by others
who have login access to your account).
9. You may not use the Service for any illegal or unauthorized purpose.
You must not, in the use of the Service, violate any laws in your
jurisdiction (including but not limited to copyright or trademark laws).
10. Users of the Service are allowed up to a limited amount of data per
listing. Please visit your account for more information on the use of
photos, video, and other digital marketing materials.
11. Zenso Creative™, LLC reserves the right to eliminate data that
exceeds a reasonable amount of bandwidth space in a single listing.

B. Payment, Refunds, Upgrading, and Downgrading Terms

1. All plans must enter a valid credit card and a valid credit card must
always be on file in order to keep the Service active.
2. All fees and charges incurred in connection with your Zenso
Creative™ Directory account will be billed to the credit card
designated during the registration process for the Account or
subsequently designated by you to Zenso Creative™, LLC. If you
want to designate a different card or there is a change in credit card
validity or expiration date, or if you believe someone has accessed
the Site using your username and password without your
authorization, you may change your credit card details by logging into
your Account Dashboard. If you feel your credit card has been used
without your authorization, please contact us immediately at
connect@zensocreative.com.
3. All plans will continue and renew automatically, unless properly
canceled (see Section C #1)
4. If you initially sign up for a plan which includes a free or discounted
trial period and you do not cancel that account before the stated trial
period expires, you will be billed for the full price of the plan starting
on the day the trial period ends. If you cancel prior to the processing
of your first invoice following the trial period, you will not be charged.
5. An upgrade to any plan from an Account in a trial period will end your
trial immediately. You will be billed for your first month immediately
upon upgrading.
6. To be fair to all users of the Service, all sales are final and refunds will
not be issued.
7. The Service is billed in advance on a monthly, yearly, or otherwise
defined term or period of time basis and is non-refundable.
8. There will be no refunds or credits for partial months of service,
upgrade/downgrade refunds, or for periods where the license holder
did not use their account without canceling the Service. In order to
treat all users of the Service equally, no exceptions will be made.
9. Promotions, discounts, deals, and/or additional offers may not be
applied after a sale or transaction has been completed.
10. All fees are exclusive of all taxes, levies, or duties imposed by taxing
authorities and you shall be responsible for payment of all such
taxes, levies, or duties, excluding only United States (federal or state)
taxes.
11. For any upgrade or downgrade in plan level, the credit card that you
provided will automatically be charged the new rate on your next
billing cycle. An upgrade to any higher priced plan will immediately bill
you for the prorated difference for the current billing cycle. If a plan
downgrade causes a credit to your account, this credit will be used
toward your next billing(s). This credit will not be refunded.
12. Downgrading your Service may cause the loss of features or capacity
of your Account. Zenso Creative™, LLC does not accept any liability
for such loss.
13. If a scheduled payment is missed or cannot be processed and
remains past due, services may be stopped or canceled, and service
cancellation notices may be sent via email to all email addresses
associated with the account.
14. Zenso Creative™, LLC, offers “The Right Plan Promise Agreement”.
“The Right Plan Promise Agreement” protects users from price
increases of Service plans they are already subscribed to as well as
enables users to take advantage of new lower prices when they are
available for the same plan they are already subscribed to.

C. Cancellation and Termination

1. You are solely responsible for properly canceling your account. You can
cancel your account at any time by visiting your Account and accessing
Billing.
2. In order to prevent fraud or accidental cancellations, the additional
security information may be required to protect you from falsified
cancellations. And until such security information can be provided to
verify your identity, your account and the Service will remain active.
3. All of your Content will be immediately deleted from the Service upon
cancellation. This information can not be recovered once your
account is canceled.
4. If you cancel the Service before the end of your current paid up
month, your cancellation will take effect immediately and you will not
be charged again.
5. Zenso Creative™, LLC, in its sole discretion, has the right to refuse
service to current or future users of the Service, or any other Zenso
Creative™ Directory service, for any reason at any time. Reasons for
this may include but are not limited to: using the Service for illegal
purposes or using the Service to post illegal content. In the event,
your account is terminated all content can be exported and provided
to you. You may contact connect@zensocreative.com to request an
export of all your data if you are unable to export it yourself or if you
need assistance.
6. If a credit card dispute is opened for a payment made for The
Service, or if a scheduled payment for The Service is stopped,
canceled or disputed, your account may be terminated immediately,
access to The Service will be canceled and all refund agreements
will be voided.
7. In the event of a credit card dispute, access to The Service will
only be restored once one of the following occurs:
8. The Merchant Provider of The Service has provided due
notification that the credit card dispute has been resolved
in full, and has provided The Service unrestricted access
to the disputed funds.
9. The full amount of the disputed credit card, plus any other
fees due, plus any additional fees incurred by the Service
as a result of the credit card dispute has been paid in full.
Once The Merchant Provider of The Service has
provided The Service unrestricted access to the disputed
funds of the initial transaction said funds will be refunded
to the Customer via the standard refund procedure of The
Merchant.

D. Modifications to the Service and Prices

1. Zenso Creative™, LLC, reserves the right at any time and from time
to time to modify or discontinue, temporarily or permanently, the
Service (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to monthly subscription
plan fees to the Service, are subject to change. Such notice may be
provided at any time by posting the changes to the Zenso Creative™
site (zensocreative.com) or the Service itself.
3. Zenso Creative™, LLC, shall not be liable to you or to any third party
for any modification, price change, suspension or discontinuance of
the Service.
4. Your account and the Service can not be transferred to another party.

E. Copyright and Content Ownership

1. We claim no intellectual property rights over the material you provide
to the Service. Your domain name, ideas, and Content uploaded
(including but not limited to videos, audio recordings, file attachments,
and written text) remain yours. However, by setting your pages to be
viewed publicly, you agree to allow others to view your Content.
2. We claim no interest, vested interest, ownership, co-ownership,
intellectual property rights, private benefit, or possession before,
during, or after your use of the Service including but not limited to
your domain name, ideas, financial gains, financial losses,
investments, profits, content (including but not limited to videos, audio
recordings, file attachments, and written text), business models,
communications or recipients.
3. In no way does using the Service define a legal partnership with
Zenso Creative, LLC, including but not limited to co-ownership,
ownership, partnership, or any other type of bounded legal interest
including but not limited to intellectual property, financial gains,
financial loses, profits, investments, content, liability, promises,
damages, demands, claims, suits, or proceedings.
4. Zenso Creative™, LLC, allows anyone to use the Service, but Zenso
Creative™, LLC, has the right (but not the obligation) in its sole
discretion to refuse or remove any users from using the Service who
do not meet the criteria as an art instructor, or do not provide proper
information for a listing.
5. If a user or users of the Service infringe on the intellectual property
rights of another user of the Service over the material that you
provide to the Service including but not limited to your domain name,
ideas, content (including but not limited to videos, audio recordings,
file attachments and written text), business models, communications,
or recipients, you agree that Zenso Creative™, LLC, assumes no
liability, damages, interest, fault, and provides no warranty against
this, and you waive any right to pursue any claim, demand, suit or
proceeding against Zenso Creative™, LLC.
6. Any information and opinions expressed by you, the user, through the
Service, are solely those of the user and are not the opinions of
Zenso Creative™, LLC, OUR DIRECTORS, OFFICERS,
EMPLOYEES, AND AGENTS.
7. Zenso Creative™, LLC, has the right (but not the obligation) in its
sole discretion to refuse or remove any Content that is available via
the Service.
8. You shall defend Zenso Creative™, LLC, against any claim, demand,
suit or proceeding made or brought against Zenso Creative™, LLC,
by a third party alleging that Your Content, or Your use of the Service
in violation of this Agreement, infringes or misappropriates the
intellectual property rights of a third party or violates applicable law,
and shall indemnify Zenso Creative™, LLC, for any damages finally
awarded against and for reasonable attorney’s fees incurred by,
Zenso Creative™, LLC, in connection with any such claim, demand,
suit or proceeding; provided, that Zenso Creative™, LLC, (a)
promptly gives You written notice of the claim, demand, suit or
proceeding; (b) gives You sole control of the defense and settlement
of the claim, demand, suit, or proceeding (provided that You may not
settle any claim, demand, suit, or proceeding unless the settlement
unconditionally releases Zenso Creative™, LLC, of all liability); and
(c) provides to You all reasonable assistance, at Your expense.
9. You represent and warrant that: (i) you own the Content posted by
you on or through the Service or otherwise have the right to grant the
rights and licenses set forth in these Terms of Use; (ii) the posting
and use of your Content on or through the Service does not violate,
misappropriate or infringe on the rights of any third party, including,
without limitation, privacy rights, publicity rights, copyrights,
trademark and/or other intellectual property rights; (iii) you agree to
pay for all royalties, fees, and any other monies owed by reason of
Content you post on or through the Service; and (iv) you have the
legal right and capacity to enter into these Terms of Use in your
jurisdiction.
10. You agree that Zenso Creative™, LLC, is not responsible for, and
does not endorse, Content posted within the Service. Zenso
Creative™, LLC, does not have any obligation to pre-screen,
monitor, edit, or remove any Content. If your Content violates these
Terms of Use, you may bear legal responsibility for that Content.
11. Except as otherwise described in the Service’s Privacy Policy,
available at https://zensocreative.com/privacy-policy/, as between you
and Zenso Creative™, LLC, any Content will be non-confidential and
non-proprietary and we will not be liable for any use or disclosure of
Content. You acknowledge and agree that your relationship with
Zenso Creative™, LLC, is not a confidential, fiduciary, or other type of
special relationship, and that your decision to submit any Content
does not place Zenso Creative™, LLC, in a position that is any
different from the position held by members of the general public,
including with regard to your Content. None of your Content will be
subject to any obligation of confidence on the part of Zenso
Creative™, LLC, and Zenso Creative™, LLC, will not be liable for any
use or disclosure of any Content you provide.
12. The look and feel of the Service is copyright ©2021 Zenso Creative,
LLC. All rights reserved. You may not duplicate, copy, or reuse any
portion of the HTML/CSS, Javascript, or visual design elements or
concepts without express written permission from Zenso Creative,
LLC.

F. General Conditions

1. Your use of the Service is at your sole risk. The service is provided on
an “as is” and “as available” basis.
2. Technical support is only provided to paying account holders and may
be available via email, phone or live text chat.
3. You understand that Zenso Creative™, LLC, uses third party vendors
and hosting partners to provide the necessary hardware, software,
networking, storage, and related technology required to run the
Service.
4. You must not modify, adapt or hack the Service or modify another
website so as to falsely imply that it is associated with the Service,
Zenso Creative™, LLC, or any other Zenso Creative™ service.
5. You may use Zenso Creative™ subdomains
(e.g., ZensoCreative.com/listing/yourname) solely as permitted and
intended by Zenso Creative™, LCC, to market your listing. You may
not use Zenso Creative™ subdomains in violation of Zenso
Creative’s trademark or other rights or in violation of applicable law.
Zenso Creative™, LLC, reserves the right at all times to reclaim any
Zenso Creative™ subdomain without liability to you.
6. 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
without the express written permission by Zenso Creative™, LLC.
7. We may, but have no obligation to, remove Content and Accounts
containing 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 of Service.
8. Verbal, physical, written, or other abuse (including threats of abuse or
retribution) of any Zenso Creative™ customer, employee, member, or
an officer will result in immediate Account termination.
9. Threats against employees: We cannot accept such behavior and
regard it as a material breach of the Terms & Conditions of The
Service which can lead to the immediate termination of your account
for The Service and filing of a report with the relevant authorities. We
aim to work with you in a professional, courteous and productive
manner.
10. You understand that the technical processing and transmission of the
Service, including your Content, 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.
11. You must not upload, post, host, or transmit unsolicited email, or
“spam” messages.
12. Zenso Creative™, LLC, does not warrant that (i) the Service will meet
your specific requirements, (ii) the Service will be uninterrupted,
timely, secure, or error-free, (iii) the results that may be obtained from
the use of the Service will be accurate or reliable, (iv) the quality of
any products, services, information, or other material purchased or
obtained by you through the service will meet your expectations, and
(v) any errors in the Service will be corrected.
13. You expressly understand and agree that Zenso Creative™, LLC,
shall not be liable for any direct, indirect, incidental, special,
consequential or exemplary damages, including but not limited to,
damages for loss of profits, goodwill, use, data, or other intangible
losses (even if Zenso Creative™, LLC, has been advised of the
possibility of such damages), resulting from: (i) the use or the inability
to use the Service; (ii) the cost of procurement of substitute goods
and services resulting from any goods, data, information, or services
purchased or obtained or messages received or transactions entered
into through or from the service; (iii) unauthorized access to or
alteration of your transmissions or data; (iv) statements or conduct of
any third party on the service; (v) or any other matter relating to the
Service.
14. The failure of Zenso Creative™, LLC to exercise or enforce any right
or provision of the Terms of Service shall not constitute a waiver of
such right or provision. The Terms of Service constitutes the entire
agreement between you and Zenso Creative™, LLC, and govern
your use of the Service, superseding any prior agreements between
you and Zenso Creative™, LLC, (including, but not limited to, any
prior versions of the Terms of Service). You agree that these Terms of
Service and Your use of the Service are governed under Florida law.
15. Questions about the Terms of Service should be sent
to connect@zensocreative.com.

Accuracy and Availability of Information

The Site contains database information and other content compiled by
Zenso Creative™, LLC. While we use commercially reasonable efforts to
provide accurate information, Zenso Creative™, LLC, gives no warranty as
to the accuracy of the database and other content on the Site. Zenso
Creative™, LLC reserves the right to withdraw or delete information or
content from the Site at any time.

Limitation of Liability; Waiver

UNDER NO CIRCUMSTANCES WILL THE ZENSO CREATIVE™
PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY
KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT,
INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE,
INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE
DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE
ZENSO CREATIVE™ CONTENT; (C) USER CONTENT; (D) YOUR USE
OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E)
ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY
THE ZENSO CREATIVE™ PARTIES OR LAW ENFORCEMENT
AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF
THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH
COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G)
ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H)
ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR
OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT
LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY
VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION,
INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER
TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL,
LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR
COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR
EVEN IF THE ZENSO CREATIVE™ PARTIES HAVE BEEN ADVISED OF
OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH
DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE,
STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION,
WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS
OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR
DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE ZENSO
CREATIVE™ PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR
LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION,
DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU. IN NO EVENT WILL THE ZENSO CREATIVE™ PARTIES
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES
OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS
($100.00). YOU AGREE THAT IN THE EVENT YOU INCUR ANY
DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF ZENSO
CREATIVES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED
TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU
TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB
SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED
OR CONTROLLED BY THE ZENSO CREATIVE™ PARTIES, AND YOU
WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE
DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING,
EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY,
PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR
CONTROLLED BY THE ZENSO CREATIVE™ PARTIES. BY ACCESSING
THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING
RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME
UNKNOWN OR UNSUSPECTED. ZENSO CREATIVE™, LLC, IS NOT
RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR
DATA OF THIRD PARTIES AND YOU RELEASE US, OUR DIRECTORS,
OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND
DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH
THIRD PARTIES.

Indemnification

You (and also any third party for whom you operate an account or activity
on the Service) agree to defend (at ZENSO CREATIVES’ request),
indemnify and hold the ZENSO CREATIVE™, LLC Parties harmless from
and against any claims, liabilities, damages, losses, and expenses,
including without limitation, reasonable attorney’s fees and costs, arising
out of or in any way connected with any of the following (including as a
result of your direct activities on the Service or those conducted on your
behalf): (i) your Content or your access to or use of the Service; (ii) your
breach or alleged breach of these Terms of Use; (iii) your violation of any
third-party right, including without limitation, any intellectual property right,
publicity, confidentiality, property, or privacy right; (iv) your violation of any
laws, rules, regulations, codes, statutes, ordinances, or orders of any
governmental and quasi-governmental authorities, including, without
limitation, all regulatory, administrative and legislative authorities; or (v) any
misrepresentation made by you. You will cooperate as fully required by
ZENSO CREATIVE™, LLC in the defense of any claim. ZENSO
CREATIVE™, LLC reserves the right to assume the exclusive defense and
control of any matter subject to indemnification by you, and you will not in
any event settle any claim without the prior written consent of ZENSO
CREATIVE™, LLC.

Entire Agreement; Severability; No Waiver

This Agreement (including all documents incorporated by reference) is the
entire agreement between the parties for its subject matter and supersedes
all prior and contemporaneous communications between the parties. If you
are using the Service on behalf of a legal entity, you represent that you are
authorized to enter into an agreement on behalf of that legal entity. These
Terms of Use constitute the entire agreement between you and Zenso
Creative™, LLC and governs your use of the Service, superseding any
prior agreements between you and Zenso Creative™, LLC. You will not
assign the Terms of Use or assign any rights or delegate any obligations
hereunder, in whole or in part, whether voluntarily or by operation of law,
without the prior written consent of Zenso Creative™, LLC. Any purported
assignment or delegation by you without the appropriate prior written
consent of Zenso Creative™, LLC will be null and void. Zenso Creative™,
LLC may assign these Terms of Use or any rights hereunder without your
consent. If any provision of these Terms of Use is found by a court of
competent jurisdiction to be invalid or otherwise unenforceable, the parties
nevertheless agree that such portion will be deemed severable from these
Terms of Use and will not affect the validity and enforceability of the
remaining provisions, and the remaining provisions of the Terms of Use
remain in full force and effect. Neither the course of conduct between the
parties nor trade practice will act to modify the Terms of Use. These Terms
of Use do not confer any third-party beneficiary rights.