Last updated: February 22, 2021
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF SERVICE (“TOS”) BEFORE USING THE SERVICES. If you do not agree with the following terms and conditions, do not download or install this software. By downloading, installing or using this software or any portion thereof, you signify YOUR ACCEPTANCE OF THE TOS WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN PARAGRAPH 15 BELOW.
These TOS set forth the legal terms and conditions governing your use of our website, interactive application(s) (each an “App”) and any other online and mobile websites, software, along with the content, services, activities, and transactions (unless a different policy is provided on a particular site, application or service, in which case such different policy shall govern and control) (collectively, the “Services”) operated and made available by Archive Digger, Inc. (“Archive Digger” “we,” “our”).
1. User Consent to the TOS
You represent that you have read and agree to be bound by the TOS. You signify your acceptance to the TOS by doing any one of the following:
Accessing, downloading, linking to or using the Services
Clicking to “Accept” the TOS
Archive Digger reserves the right to amend, remove or add to the TOS at any time. Such modifications shall be effective immediately upon posting. It is your responsibility to review the TOS prior to your uses of the Services, and as your continued use of the Services after any such changes constitutes your agreement to such changes. Your access, link to, or use of the site, or any Services or App, after the posting of modifications to the TOS will constitute YOUR ACCEPTANCE OF THE TOS, as modified. If, at any time, you do not wish to accept the TOS, you may not access, link to, or use the site or App. Any terms and conditions proposed by you which are in addition to or which conflict with the TOS are expressly rejected by Archive Digger and shall be of no force or effect.
2. Your Authority to Agree to this TOS
You represent, warrant and covenant that you have reached the age of majority in the jurisdiction where you live (in most U.S. states, that’s 18 years old) or be over 13 and have valid consent from your parent or legal guardian to use the Services and be bound by TOS. If you are the parent or legal guardian of a minor that creates an account, you accept the TOS on the minor’s behalf and are jointly responsible with the minor for all use of the Services and compliance with the TOS.
3. Intellectual Property and Related Rights
The Services, inclusive of the site and App and all of the content it contains, or may in the future contain, including but not limited to text, content, photographs, video, audio and graphics, goods, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property that relates to this site, are owned by or licensed by Archive Digger or other third parties and are protected from any unauthorized use, copying and dissemination by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. The Services is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Services are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Services. You acknowledge that the Services has been developed, compiled, prepared, revised, selected, and arranged by Archive Digger, its parent company and affiliates (collectively “Archive Digger Group Companies”) and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Archive Digger Group Companies and such others. You agree to notify Archive Digger in writing promptly upon becoming aware of any unauthorized access or use of the Services by any individual or entity or of any claim that the Services infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Services (the “Intellectual Property Rights”) shall, as between you and Archive Digger, at all times be and remain the sole and exclusive property of Archive Digger. All present and future rights in and title to the Services (including the right to exploit the Services and any portions of the Services over any present or future technology) are reserved to Archive Digger for its exclusive use. Except as specifically permitted by the TOS, you may not copy or make any use of the Services or any portion thereof. Except as specifically permitted herein, you shall not use the Intellectual Property Rights or the Services, or the names of any individual participant in, or contributor to, the Services, or any variations or derivatives thereof, for any purpose, without Archive Digger’s prior written approval.
Trademarks. Archive Digger’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Service are the trademarks of Archive Digger and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Service are property of their respective owners. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service.
4. License and Restrictions on Use
You acquire absolutely no rights or licenses in or to the Services and materials contained within the Services other than the limited right to utilize the Services in accordance with the TOS. Should you choose to download content from the Services, you must do so in accordance with the TOS. Such download is licensed to you by Archive Digger ONLY for your own personal, noncommercial use in accordance with the TOS and does not transfer any other rights to you.
You may not use the Services for any illegal purpose, for the facilitation of the violation of any law or regulation, or in any manner inconsistent with the TOS. You agree to use the Services solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the Services in any manner that could compete with the business of Archive Digger or any of its suppliers.
Except as expressly permitted by Archive Digger in writing you may not: copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, transfer, sell, license, upload, edit post, frame, link, or in any way exploit any part of the Services, except that you may download material from the Services and/or make one print copy for your own personal, noncommercial use, provided that you retain all copyright and other proprietary notices. You may not recirculate, redistribute or publish the analysis and presentation included in the Services without Archive Digger’s prior written consent. Nothing contained in the TOS or on this site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Services in any manner without the prior written consent of Archive Digger or such third party that may own the Services or intellectual property displayed on this site. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE SERVICES IS STRICTLY PROHIBITED. Any use of the Services other than as permitted by the TOS will violate the TOS and may infringe upon our rights or the rights of the third party that owns the affected Service. You agree to report any violation of the TOS by others that you become aware of.
You may neither interfere or attempt to interfere with or otherwise disrupt the proper working of Services, any activities conducted on or through the Services or any servers or networks connected to the Services. You may neither (a) attempt to access, search or otherwise use the Services (such as by attempting to retrieve information from or about the Services) through the use of any engine, software, tool, agent, device or mechanism (including spiders, scrapers, robots, crawlers, data mining tools or the like) other than (i) generally available third-party web browsers that provide accurate and complete User-Agent information in the HTTP header, such as Chrome, Safari, Firefox and Internet Explorer and (ii) our apps, (b) attempt to access any API we may provide without first obtaining our written permission and agreeing to our API-specific terms, © access our Services using anything that has been created (or modified with plugins or otherwise) in a manner that facilitates automated or faster-than-normal access to, searching of or other use of the Services, (d) disregard any robots.txt or similar files that we employ (but in the event of a conflict between these TOS and a robots.txt file, the relevant provisions of the one that is more restrictive of your actions shall apply), or (e) display to others, mirror or frame the Services, or any individual element within the Services, except that you may use embedding tools that we may choose to provide specifically to permit the embedding of aspects of our Services, consistent with any additional restrictions we impose for the use of such tools.
You may not input, distribute, load, post, email, transmit or otherwise make available any content through the Services that: (i) is promotional in nature, including unsolicited or unauthorized advertising, junk email, spam or other form of solicitation, (ii) is unlawful, harmful, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (iii) infringes, misappropriates or violates a third party’s copyright, trademark, trade secret, patent, moral rights or other intellectual property rights, rights of publicity or privacy; (iv) violates, or encourages any conduct that would violate, any legal requirement; (v) is fraudulent, false, misleading or deceptive; (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment; (vii) is harmful to minors; or (viii) constitutes the personally identifiable information of any other person that such person has not authorized you to disclose
You shall not violate the security of the Services, attempt to probe, scan, or test the vulnerability of the Services or breach any security or authentication measures, or attempt to gain unauthorized access to the Services, data, materials, information, computer systems or networks connected to any server associated with the Services, through hacking, password timing or any other means. You shall not use or attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automate device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the Services, any data or content found on or accessed through the Services, or any other Services information without the prior express written consent of Archive Digger. You may not interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Services. You may not Access the Service if we have requested that you refrain from such access.
5. Change in Services
We reserve the right to change and improve the features and functionality of the Services at any time and at our sole discretion. This includes adding, modifying or removing specific features and functionality of the Services, or updating our App or other Services software (including remotely). The TOS will apply to the changed version of the Services. Additionally, we reserve the right to suspend or stop the Services altogether for any reason or no reason, without notice, at any time, and without liability to you.
6. Third-Party Content and Links to Third-Party Websites
If at any time the Services contain links to third-party websites, resources, and advertisers (collectively, “Linked Content”). Archive Digger does not control, endorse, sponsor, recommend or otherwise accept responsibility for any of this Linked Content. Because we are not responsible for the availability of these outside resources, or their contents or privacy practices, you should direct any concerns regarding any Linked Content to such site.
7. Fees and Payments
Archive Digger reserves the right at any time to charge fees for access to portions of the Services or the Services as a whole.
If at any time Archive Digger requires a fee for portions of the Services or the Services as a whole, Archive Digger may require you to register and create an account. The decision to provide the information required to create an account is purely voluntary and optional; however, if you elect not to provide such information, you will not be able to access certain content or participate in certain parts or features of this site. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Services by Archive Digger or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of the Services through your account, and the purchase of any other products or services.
9. Communications Decency Act Notice
Commercially available parental control protections (such as computer hardware, software or filtering services) may assist you in limiting access to material on the Internet that is harmful to minors. Current providers of such protections include McAfee and Symantec, as well as others available from a Google search. Please note that we did not create these parental control tools, we have not tested or evaluated them and we do not endorse them. Any use of such tools is at your sole risk. You should not assume that these or any other third-party parental control protections will work well or at all in connection with the Services.
10. Digital Millennium Copyright Act Notice
We are committed to complying with U.S. copyright and related laws, and we require all users of the Services to comply with these laws. Accordingly, our users (including you) may not disseminate any material or content using the Services in any manner that constitutes an infringement of third-party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is our policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the rights of any user to access the Services if any such user is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who we believe, in our sole discretion, are infringing these rights. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is: archive-digger.com.
If you believe that content that you or a third party owns has been used via the Services in a way that violates your or someone else’s copyright or other intellectual property rights, please provide us with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If you submit a notice of infringement that knowingly materially misrepresents that any content, information, or communication on the Services is infringing upon a copyright, you may be held liable for damages and attorneys’ fees. If you believe that your content, information, or communication has been removed from the site due to an erroneous claim of infringement, you may have remedies available to you under the DMCA.
You agree, at your own expense, to indemnify and hold harmless Archive Digger, Archive Digger Corporate Group and their agents, partners, employees, contractors and advertisers, from and against any damages, loss, costs, settlements, expenses and payments, including reasonable attorney’s fees and legal expenses, resulting from any third-party complaint, claim, demand or liability arising out of or related to your acts or omissions in relation to the Services, your breach of these TOS, or your violation of any law or third party rights. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. Archive Digger reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Archive Digger in asserting any available defense. You acknowledge and agree to pay Archive Digger’s reasonable attorneys’ fees incurred in connection with any and all lawsuits brought against you by Archive Digger under the TOS and any other terms and conditions of service on this site, including without limitation, lawsuits arising from your failure to indemnify Archive Digger pursuant to the TOS. The members of Archive Digger Corporate Group, and the agents, partners, employees, contractors and advertisers of them and of Archive Digger, are third-party beneficiaries of this paragraph.
12. Disclaimer of Representations and Warranties
THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THIS AGREEMENT.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES (1) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (2) OF INFORMATIONAL CONTENT OR ACCURACY, (3) OF NON-INFRINGEMENT, (4) OF PERFORMANCE, (5) OF TITLE, (6) THAT THE SERVICES WILL OPERATE IN AN ERROR FREE, TIMELY, SECURE, OR UNINTERRUPTED MANNER, IS CURRENT AND UP TO DATE AND ACCURATELY DESCRIBES ANYTHING, OR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (7) THAT ANY DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED, (8) THAT THE SERVICES IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM, OR (9) THAT WE WILL ENFORCE THE TOS AGAINST OTHERS TO YOUR SATISFACTION. EFFORTS BY ARCHIVE DIGGER TO MODIFY THE SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS OR ANY OTHER PROVISION OF THE TOS. Some jurisdictions limit or do not allow the disclaimer of implied warranties, and as a result some or all of this section may not apply to you. In cases where such laws apply, the warranties will be disclaimed only to fullest extent permitted by law.
13. Limitation of Liability
IN NO EVENT SHALL ARCHIVE DIGGER, ARCHIVE DIGGER CORPORATE GROUP, OR ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, INTERNAL OPERATING UNITS, AFFILIATES, PARENTS, SUBSIDIARIES, SUBLICENSEES, SUCCESSORS AND ASSIGNS, INDEPENDENT CONTRACTORS, AND RELATED PARTIES (COLLECTIVELY, WITH ARCHIVE DIGGER, AND THE ARCHIVE DIGGER CORPORATE GROUP, THE “ARCHIVE DIGGER ENTITIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES OR WITH THE DELAY OR INABILITY TO USE SAME, OR FOR ANY BREACH OF SECURITY, OR FOR ANY CONTENT, PRODUCTS, AND SERVICES OBTAINED THROUGH OR VIEWED ON THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, REGULATION, COMMON LAW PRECEDENT OR OTHERWISE, EVEN IF THE ARCHIVE DIGGER ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM ANY ARCHIVE DIGGER ENTITY’S NEGLIGENCE OR GROSS NEGLIGENCE. IN NO EVENT SHALL THE ARCHIVE DIGGER ENTITIES’ AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00). ADDITIONAL DISCLAIMERS BY ARCHIVE DIGGER APPEAR WITHIN THE SERVICES AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THE SERVICES OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY. Some jurisdictions restrict or do not allow the limitation of liability in contracts, and as a result the contents of this section may not apply to you. In cases where such laws apply, liability of the Archive Digger Entities shall be limited to the fullest extent permitted by law.
BY ACCESSING THIS SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You hereby waive any and all rights you have or may have under California Civil Code Section 1542, and/or any similar provision of law or successor statute to it, with respect to any claims you may have in connection with this site or these TOS. In connection with this waiver and release, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true. Nevertheless, you intend by these TOS to release fully, finally and forever all such matters under these TOS In furtherance of such intention, the releases set forth in these TOS shall be and shall remain in effect as full and complete releases notwithstanding the discovery or existence of any such additional or different claims or facts relevant hereto.
If you are a resident of New Jersey, this section does not apply to prevent a right to recover certain damages (including punitive damages) where a harmed person proves with the required evidence that the harm suffered was the result of the defendant’s “acts or omissions and such acts or omissions were actuated by actual malice or accompanied by a wanton and willful disregard of persons who foreseeably might be harmed by those acts or omissions.” Similarly, this section does not limit Archive Digger’s tort liability under New Jersey law resulting from Archive Digger’s own intentional or reckless conduct.
14. Governing Law
The TOS shall be governed and construed in accordance with the laws of the United States and the State of New York, without giving effect to conflicts-of-law principles thereof. With respect to any disputes or claims not subject to arbitration, you agree to submit to the personal jurisdiction of the state and federal courts located in New York County in the State of New York with respect to any legal proceedings that may arise in connection with the Services or from a dispute as to the interpretation or breach of the TOS.
By using this site in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against Archive Digger and/or Archive Digger Entities arising out of, relating to, or connected in any way with the website or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in New York City, New York; (4) the arbitrator’s decision shall be controlled by the terms and conditions of these TOS and any of the other agreements referenced herein that the applicable user may have entered into in connection with the website; (5) the arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable Archive Digger Entity’s individual claims, and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any Archive Digger Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Archive Digger Entity exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Archive Digger agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Archive Digger will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Archive Digger shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
16. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Notwithstanding the foregoing, this statute of limitations shall not apply to residents of New Jersey.
These TOS constitute the entire and exclusive understanding and agreement between us and you regarding the Services, and these TOS supersede and replace any and all prior oral or written understandings or agreements between us and you regarding such topic. If we fail to enforce any part of these TOS, it will not be considered a waiver. Any amendment to or waiver of these TOS by us must be made in writing and signed by us. If any provision of these TOS (or part of such provision) is found to be invalid or unenforceable by any court having competent jurisdiction, then that provision (or part of that provision) shall be deemed severable from the TOS and shall not affect the validity and enforceability of any remaining provisions — that invalid or unenforceable (part of the) clause will be replaced by a valid and/or enforceable, as the case may be, (part of the) clause which is as close to the intention of the parties as possible. All of our rights and obligations under these TOS (including any license rights) are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in these TOS shall prevent us from complying with the law. We reserve all rights not expressly granted to you.
Should you have any questions regarding these TOS you may contact us at email@example.com.