Terms & Conditions
Daymera Terms of Service
Summary of our Terms
These
Terms of Service (“Terms”) are part of the User Agreement– a legally
binding contract governing your use of DAYMERA. You should read these
Terms of Service (“Terms”) in full, but here are a few key things you
should take away:
· Eligibility:
Users must be at least 16 years old to use the Service, and they must
comply with all applicable laws and regulations. If using the Services
on behalf of an entity, users must be authorized to do so.
· Privacy:
Users consent to the collection and use of their information as
described in the Privacy Policy. Information may be transferred to
Portugal, Ireland, or other countries for storage and processing.
· Content:
Users are responsible for the content they provide and must comply with
applicable laws. Daymera does not endorse or guarantee the accuracy of
user-generated content. Daymera reserves the right to remove content
that violates the User Agreement.
· Ownership: The Software and its derivatives are owned by Daydo Technologies LDA and/or its licensors.
· Updates/Upgrades: Daymera may update or upgrade the Services at its discretion. Some updates may be mandatory.
· Using the Services:
Users must comply with Platform Guidelines and Policies. Daymera may
change or discontinue the Services at any time. Daymera reserves the
right to remove content, limit distribution, suspend or terminate users,
and access user information for various reasons.
· Paid Accounts: Users may be billed for certain services. Payment terms and conditions are outlined in the Terms.
· Compliance with Law: Users must comply with all applicable laws and regulations.
· Changes to Software or License Agreement: Daymera may modify the Software or License Agreement, with material changes being disclosed to users.
· Disclaimers and Limitations of Liability:
The Services are provided "AS-IS." Daymera entities disclaim all
warranties and limit liability for damages. Users agree to these terms
by accessing or using the Services.
· Communication: Users may receive push notifications and emails from Daymera, and they can opt out of promotional emails.
· Miscellaneous: The
License Agreement constitutes the entire agreement between users and
Daymera. It is governed by the laws of Portugal, and any disputes will
be resolved in the competent courts of Portugal.
Please
also note that these Terms incorporate our Privacy Policy as well as
other terms applicable to your use of the Services and your Content.
Finally, these terms may vary depending on where you live, but in any
case, you must be at least 16 years old to use Daymera.
Daymera Terms of Service
These
Terms of Service (“Terms”) govern your access to and use of the
services, including our various websites, SMS, email notifications,
applications, buttons, widgets, ads and commerce services, and other
services that link to these Terms (collectively, the “Services”), and
any information, text, links, graphics, photos, audio, videos, service
offers or other materials or arrangements of materials uploaded,
downloaded or appearing on the Services (collectively referred to as
“Content”). By using the Services, you agree to be bound by these
Terms.
These
Terms are an agreement between you and Daydo Technologies LDA (VAT
number 517730782), which provides DAYMERA and the Services, with its
registered office at Av. Reinaldo dos Santos N18, 2 DTO, Lisbon,
Odivelas 2675-67, Portugal. The words “we,” “us,”, “Daymera” and “our,”
mean Daydo Technologies Company.
1.Who May Use the Services
You
must be at least 16 years old to use the Service. By agreeing to these
Terms, you represent and warrant to us that: (a) you are at least 16
years old; (b) you have not previously been suspended or removed from
the Service; and (c) your registration and your use of the Service is in
compliance with any and all applicable laws and regulations. If you are
accepting these Terms and using the Services on behalf of a company,
organization, government, or other legal entity, you represent and
warrant that you are authorized to do so and have the authority to bind
such entity to these Terms, in which case the words “you” and “your” as
used in these Terms shall refer to such entity.
2.Privacy
Our
Privacy Policy, although a separate document is incorporated into these
Terms. The Privacy Policy describes how we handle the information you
provide to us when you use the Services. You understand that through
your use of the Services you consent to the collection and use (as set
forth in the Privacy Policy) of this information, including the transfer
of this information to Portugal, Ireland, and/or other countries for
storage, processing and use by us and our affiliates.
3.Content on the Services
You
are responsible for your use of the Services and for any Content you
provide, including compliance with applicable laws, rules, and
regulations. You should only provide Content that you are comfortable
sharing with others.
Any
use or reliance on any Content or materials posted via the Services or
obtained by you through the Services is at your own risk. We do not
endorse, support, represent or guarantee the completeness, truthfulness,
accuracy, or reliability of any Content or communications or services
posted or advertised via the Services. We also do not endorse any
opinions expressed via the Services. You understand that by using the
Services, you may occasionally be exposed to Content that might be
misleading, inaccurate or deceptive, in such case we ask you to report
it as our objective is to keep our Services family friendly. All Content
is the sole responsibility of the person or entity who originated such
Content. We may not monitor or control the Content posted via the
Services and, we cannot take responsibility for such Content.
We
reserve the right to remove Content that violates the User Agreement,
including for example, copyright or trademark violations or other
intellectual property misappropriation, impersonation, adult themed
Content, misrepresentation of Service offers, unlawful conduct, or
harassment. Information regarding specific policies can be found in our Platform Policies and Guidelines document.
If
you believe that your Content has been copied in a way that constitutes
copyright infringement, please report this by contacting
[email protected].
4. Your Rights and Grant of Rights in the Content
You
retain your rights to any Content you submit, post or display on or
through the Services. What’s yours is yours — you own your Content .
By
submitting, posting or displaying Content on or through the Services,
you grant us a worldwide, non-exclusive, royalty-free license (with the
right to sublicense) to use, copy, reproduce, process, adapt, modify,
publish, transmit, display and distribute such Content in any and all
media or distribution methods now known or later developed (for clarity,
these rights include, for example, curating, transforming, and
translating). This license authorizes us to make your Content available
to the rest of the world and to let others do the same. You also agree
that this license includes the right to analyze text and other
information you provide with the view to improve the Services. You agree
that this license includes the right for us to provide, promote, and
improve the Services and to make Content submitted to or through the
Services available to other companies, organizations or individuals for
the syndication, broadcast, distribution, repost, promotion or
publication of such Content on other media and services, subject to our
terms and conditions for such Content use. Such additional uses by us,
or other companies, organizations or individuals, is made with no
compensation paid to you with respect to the Content that you submit,
post, transmit or otherwise make available through the Services as the
use of the Services by you is hereby agreed as being sufficient
compensation for the Content and grant of rights herein.
We
have an evolving set of Guidelines and Policies for how ecosystem
partners can interact with your Content on the Services. These
Guidelines and Policies exist to enable an open ecosystem with your
rights in mind. You understand that we may modify or adapt your Content
as it is distributed, syndicated, published, or broadcast by us and our
partners and/or make changes to your Content in order to adapt the
Content to different media.
You
represent and warrant that you have, or have obtained, all rights,
licenses, consents, permissions, power and/or authority necessary to
grant the rights granted herein for any Content that you submit, post or
display on or through the Services. You agree that such Content will
not contain material subject to copyright or other proprietary rights,
unless you have necessary permission or are otherwise legally entitled
to post the material and to grant us the license described above.
5. Title and Ownership
The
Software and any revisions, modifications, enhancements and/or
derivatives thereof are owned by Daydo Technologies LDA and/or its
licensors and are protected under copyright laws and treaties. All
right, title, and interest in and to the Software, including all
associated intellectual property rights are and shall remain owned
solely by Daydo Technologies LDA and/or its licensors.
6. Third Party Software
Any
third party software that may be provided with the Software is included
for use at your option. Such third party software is provided under the
terms of the license attached/linked thereto or, if no such license is
attached, such third party software is provided AS IS. Daymera is not
liable for any losses or damages which may occur from the use of any
third party software.
We
may provide tools that enable you to export information, including User
Content, to third party services, including through features that allow
you to link your account on Daymera with an account on the third party
service. By using one of these tools, you agree that Daymera may
transfer that information to the applicable third party service. Third
party services are not under our control, and, to the fullest extent
permitted by law, we are not responsible for any third party service’s
use of your exported information. The Service may also contain links to
third party websites. Linked websites are not under our control, and we
are not responsible for their content.
7. Updates/Upgrades
DAYMERA
improves from time to time the Services and may update/upgrade the
Services at its sole discretion, with or without notification. At
DAYMERA’s sole discretion, DAYMERA may notify you through a patch
process, or by email, or website posting of such updates or upgrades
available for download. Some updates/upgrades may be optional and some
may be mandatory in order to operate the Software. At its sole
discretion, DAYMERA may, but is not obligated to, provide email and/or
internet based support with online help.
8. Using the Services
Please review our Platform Policies and Guidelines,
which are part of the User Agreement and outline conduct that is
prohibited on the Services. You may use the Services only in compliance
with these Terms and all applicable laws, rules and regulations. Daymera
takes enforcement actions when Content or user behavior is in violation
of our Guidelines and Policies or in relation to sensitive media. Your
account may be deactivated and be prohibited to use our services if your
behavior is found to be in violation of our Terms, Guidelines and/or
Policies.
The
Services evolve constantly. As such, the Services may change from time
to time, at our discretion. We may stop (permanently or temporarily)
providing the Services or any features within the Services to you or to
users generally. We also retain the right to create limits on use and
storage at our sole discretion at any time. We may also remove or refuse
to distribute any Content on the Services, limit distribution or
visibility of any Content on the service, suspend or terminate users,
and reclaim names/usernames if it is appropriate, including for the
following reasons: (i) protecting the Services or our users; (ii)
compliance with applicable laws or orders from competent authorities;
(iii) breach of these Terms or our Guidelines and Policies or third
parties' intellectual property or other rights; (iv) if you or your
Content exposes us, other users or any third party to legal or
regulatory risk; and/or (v) your prolonged inactivity.
In
consideration for our granting you access to and use of the Services,
you agree that we and our third-party providers and partners may place
advertising on the Services or in connection with the display of Content
or information from the Services whether submitted by you or others. We
also reserve the right to access, read, preserve, and disclose any
information as we reasonably believe is necessary to (i) satisfy any
applicable law, regulation, legal process or governmental request, (ii)
enforce the Terms, including investigation of potential violations
hereof, (iii) detect, prevent, or otherwise address fraud, security or
technical issues, (iv) respond to user support requests, or (v) protect
the rights, property or safety of Daymera, its users and the public. We
do not disclose personally-identifying information to third parties
except in accordance with our Privacy Policy.
Certain
services or features may be offered on Daymera for which additional
terms and conditions may apply in connection with your use of those
services. These additional terms are accessible from our sites and
applications dedicated to these services or features. By using or paying
for any of these additional services, you will have to agree to any
additional terms applicable to those services, and those additional
terms will then also become part of our agreement with you. If any of
the applicable additional terms conflict with these Terms, the
additional terms will prevail while you are using those services to
which they apply.
8.1 Your Account
You
may need to create an account to use the Services. You are responsible
for safeguarding your account, so use a strong password and limit its
use to this account. We cannot and will not be liable for any loss or
damage arising from your failure to comply with the above.
You
can control most communications from the Services. We may need to
provide you with certain communications, such as service announcements
and administrative messages. These communications are considered part of
the Services and your account, and you may not be able to opt-out from
receiving them. If you added your phone number to your account and you
later change or deactivate that phone number, you must update your
account information to help prevent us from communicating with anyone
who acquires your old number. Your Account must be authentic and must
not misrepresent any another person identity, trademark, or entity
without permission as described in the Platform Policies and
Guidelines.
8.2 Your License to Use the Services
We
give you a personal, worldwide, royalty-free, non-assignable and
non-exclusive license to use the software provided to you as part of the
Services. This license has the sole purpose of enabling you to use and
enjoy the benefit of the Services as provided on Daymera, in the manner
permitted by these Terms.
The
Services are protected by copyright, trademark, and other laws of both
the United States and other countries. Nothing in the Terms gives you a
right to use the DAYMERA name or any of the DAYMERA trademarks, logos,
domain names, other distinctive brand features, and other proprietary
rights. All right, title, and interest in and to the Services (excluding
Content provided by users) are and will remain our and our licensors'
exclusive property. Any feedback, comments, or suggestions you may
provide regarding DAYMERA, or the Services is entirely voluntary and we
will be free to use such feedback, comments or suggestions as we see fit
and without any obligation to you.
8.3 Misuse of the Services
You
also agree not to misuse the Services, for example, by interfering with
them or accessing them using a method other than the interface and the
instructions that we provide. You agree that you will not work around
any technical limitations in the software provided to you as part of the
Services, or reverse engineer, decompile or disassemble the software,
except and only to the extent that applicable law expressly permits. You
may not do any of the following while accessing or using the Services:
(i) access, tamper with, or use non-public areas of the Services, our
computer systems, or the technical delivery systems of our providers;
(ii) probe, scan, or test the vulnerability of any system or network or
breach or circumvent any security or authentication measures; (iii)
access or search or attempt to access or search the Services by any
means (automated or otherwise) other than through our currently
available, published interfaces that are provided by us (and only
pursuant to the applicable terms and conditions), unless you have been
specifically allowed to do so in a separate agreement with us (NOTE:
crawling or scraping the Services in any form, for any purpose without
our prior written consent is expressly prohibited); (iv) forge any
TCP/IP packet header or any part of the header information in any email
or posting or services, or in any way use the Services to send altered,
deceptive or false source-identifying information; (v) engage in any
conduct that violates our Platform Manipulation and Spam Policy or any
other Guidelines and Policies; or (vi) interfere with, or disrupt, (or
attempt to do so), the access of any user, host or network, including,
without limitation, sending a virus, overloading, flooding, spamming,
mail-bombing the Services, or by scripting the creation of Content in
such a manner as to interfere with or create an undue burden on the
Services. It is also a violation of these Terms to facilitate or assist
others in violating these Terms, including by distributing products or
services that enable or encourage violation of these Terms.
8.4 Ending These Terms
You
may end your legal agreement with us at any time by deactivating your
accounts and discontinuing your use of the Services. See the Privacy
Policy for more information on what happens to your information.
We
may suspend or terminate your account or cease providing you with all
or part of the Services at any time if we reasonably believe: (i) you
have violated these Terms or our Guidelines and Policies; (ii) you
create risk or possible legal exposure for us; (iii) your account should
be removed due to unlawful conduct; (iv) your account should be removed
due to prolonged inactivity; or (v) our provision of the Services to
you is no longer commercially viable. We will make reasonable efforts to
notify you by the email address associated with your account or the
next time you attempt to access your account, depending on the
circumstances. In all such cases, the Terms shall terminate, including,
without limitation, your license to use the Services, except that the
following sections shall continue to apply: 2, 3, 10, and the misuse
provisions of Section 4 (“Misuse of the Services”).
9. Paid accounts
9.1 Professional Accounts - Service Providers
For
any paid service in which you participate, you will pay us for all
charges and fees you incur in connection with each offer in the currency
set forth on the applicable Insertion Order or in your account. Our
offers at the time of purchase are the definitive metric under the
Agreement and will be used to calculate your charges. If payment by
credit card or charge card ("Credit Card") is applicable, you authorize
us or our payment processing partners to charge your Credit Card for any
and all amounts and fees you incur in connection with applicable paid
service, including recurring payments, within the limits of the total
budget and/or daily maximum amount you indicated, if applicable. The
types of Credit Cards that we accept and the timing of the billing of
the charges and fees may vary according to the paid service and country.
The issuer of your payment method may impose additional requirements
and/or charge you a foreign transaction fee or other charges. You are
responsible for keeping your Credit Card information (including your
name, address, card or account number, CVV number and expiration date,
as applicable) on file with us current, and you also authorize us to
update your Credit Card information with data we obtain from your
financial institution, the issuer of your Credit Card, or from a payment
network, including but not limited to Mastercard, American Express, or
Visa. You authorize us, subject to Law, (i) to retain your Credit Card
information for as long as is necessary to meet all of your payment
obligations to us or until such time as you revoke this authorization in
accordance with procedures prescribed by us, whichever is later, and
(ii) to share your Credit Card and related billing and payment
information with companies who work on our behalf, such as payment
processors and/or credit agencies, for all purposes reasonably
associated with acceptance of Credit Cards, including fraud detection,
verifying credit, effecting payment, and servicing your account. Any
revocation by you of this authorization will become effective when all
charges and fees associated with your use of the paid services have been
fully satisfied. Your revocation of this authorization will have no
effect on your liability for incurred charges and fees through your
participation in a paid service. If you have been provided with a line
of credit for a paid service by us, or our authorized sales partner or
reseller we, or our authorized sales partner or reseller may, in our
sole discretion, extend, revise or revoke credit at any time. If we or
our authorized sales partner or reseller agree to your request to send
an invoice to a third party on your behalf, you agree to remain
responsible and liable for payment, and if such third party does not pay
the invoice within thirty (30) calendar days of the invoice date or as
otherwise specified or authorized in writing by Daymera or Daymera’s
authorized sales partner or reseller you will immediately pay all such
amounts to us or to our authorized sales partner or reseller as
applicable. Any late payments may accrue interest at the rate of 4
percent (4%) per annum above the base rate of Barclays Bank plc from
time to time, or the maximum amount allowable under Law, whichever is
less. Further, if you fail to make any payment as set forth herein, you
will pay all reasonable expenses (including attorneys’ fees) incurred by
us in collecting such charges. Any disputes about charges to your
account(s) must be submitted to us in writing within sixty (60) days of
the date you incurred such charge, otherwise you waive such dispute
against us and such charge will be final and not subject to dispute
between you and us. All payments of service fees, unused promotional
credits, and initial deposit(s) are non-refundable and our property.
Charges and fees do not include any applicable sales, use, value-added,
withholding, excise, or any other taxes or government charges, which are
payable by you and are in addition to any amounts due to us hereunder.
If withholding taxes are imposed by any jurisdiction on the transactions
described in the Agreement, you will pay such taxes such that we
receive the full amount invoiced, without offset or deduction, and you
will promptly provide to us the applicable certificates and receipts
regarding such remittances. If you claim sales or use tax exemption, you
must submit to us a valid tax exempt certificate. If you are in the
European Union, we reserve the right, upon at least thirty (30) calendar
days’ prior written notice, to audit your books, records, and accounts
for the sole purpose of verifying your taxable status. We may, at our
sole discretion, reclassify you for VAT collection purposes or
immediately terminate the Agreement in the event you have misrepresented
your VAT status (and in either case to collect any applicable taxes and
other charges).
9.2 Personal Accounts - Service Consumers
You’ll
be automatically billed from the date you convert to a Premium (Paid)
Account and on each renewal period until cancellation. Please note that
you’ll be charged tax when we are required to do so, and you are
responsible for all applicable taxes. You can cancel your recurring
payment at any time, but we can only issue refunds for requests that
occur within 48 hours of your purchase. Your Premium (Paid) Account will
remain active until cancellation or termination under these Terms.
Failing to pay for your Premium (Paid) Account on time might result in
loss of access to features you have paid for. We may change the fees in
effect at a future date, but we will send advanced notice of any changes
to the email address associated with your DAYMERA account.
10. Compliance with Law
This
Software is intended for use only in compliance with applicable laws
and only with properly licensed media and content. You undertake to use
the Software in accordance with all applicable laws, including without
limitation, all applicable export laws, restrictions and regulations and
agree that you will not export, or allow the export or re-export of the
Software in violation of any such laws, restrictions and/or
regulations. You agree to the foregoing and represent and warrant that
you are not located in, under the control of, or a national or resident
of any restricted country.
11. Changes to Software or License Agreement.
DAYMERA
may modify, suspend, or discontinue any aspect of the Software at any
time. DAYMERA reserves the right to modify the terms of this License
Agreement, whereby material changes will be disclosed to you through a
patch process or through website posting. Except for changes to this
License Agreement that affect your privacy, which shall be subject to
your specific acceptance, your continued use of the Software, following
any revision of the Software or this License Agreement, constitutes your
acceptance of any such changes.
12. Disclaimers and Limitations of Liability
12.1 The Services are Available "AS-IS"
Your
access to and use of the Services or any Content are at your own risk.
You understand and agree that the Services are provided to you on an “AS
IS” and “AS AVAILABLE” basis. The “Daymera Entities” refers to Daydo
Technologies LDA, its parents, affiliates, related companies, officers,
directors, employees, agents, representatives, partners, and licensors.
Without limiting the foregoing, to the maximum extent permitted under
applicable law, THE DAYMERA ENTITIES DISCLAIM ALL WARRANTIES AND
CONDITIONS, WHETHER EXPRESSED OR IMPLIED, OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The DAYMERA Entities make
no warranty or representation and disclaim all responsibility and
liability for: (i) the completeness, accuracy, availability, timeliness,
security or reliability of the Services or any Content; (ii) any harm
to your computer system, loss of data, or other harm that results from
your access to or use of the Services or any Content; (iii) the deletion
of, or the failure to store or to transmit, any Content and other
communications maintained by the Services; and (iv) whether the Services
will meet your requirements or be available on an uninterrupted,
secure, or error-free basis. No advice or information, whether oral or
written, obtained from the DAYMERA Entities or through the Services,
will create any warranty or representation not expressly made herein.
12.2 Limitation of Liability
TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DAYMERA ENTITIES
SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR PUNITIVE
DAMAGES,
OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR
INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE
LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO
ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD
PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY
CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR
ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE
AGGREGATE LIABILITY OF THE X ENTITIES EXCEED THE GREATER OF ONE HUNDRED
U.S. DOLLARS (U.S. $50.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE
PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE
LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY,
WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE X ENTITIES HAVE BEEN
INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET
FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
13. For users of DAYMERA for iOS:
Payment will be charged to iTunes Account at confirmation of purchase
Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period
Account will be charged for renewal within 24-ours prior to the end of the current period
Subscriptions
may be managed by the user and auto-renewal may be turned off by going
to the user’s Account Settings after purchase
14. For users of DAYMERA for Android:
Payment will be charged to Google Account at confirmation of purchase
Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period
Account will be charged for renewal within 24-hours prior to the end of the current period
Subscriptions
may be managed by the user and auto-renewal may be turned off by going
to the user’s Account Settings after purchase
15. Communications
Push
Notifications. When you install our app on your device, you agree to
receive push notifications, which are messages an app sends you on your
mobile device when the app is not on. You can turn off notifications by
visiting your mobile device’s “settings” page.
Email.
We may send you emails concerning our products and services, as well as
those of third parties. You may opt out of promotional emails by
following the unsubscribe instructions in the promotional email itself.
16. Miscellaneous
This
License Agreement shall constitute the complete and exclusive agreement
between us. DAYMERA’S ACCEPTANCE OF YOUR USE OF THE SOFTWARE, IS
EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN.
If any provision of this License Agreement is held to be unenforceable,
such provision shall be reformed only to the extent necessary to make
it enforceable. This License Agreement shall be construed and governed
in accordance with the laws of Portugal (regardless of its conflict of
law provisions) and the competent courts in Portugal shall have
exclusive jurisdiction over any dispute arising out of or related to
this License Agreement. Failure of DAYMERA to enforce any rights or to
take action against you in the event of any breach hereunder shall not
be deemed a waiver of such rights or of subsequent actions in the event
of future breaches. The application of the United Nations Convention of
Contracts for the International Sale of Goods is expressly excluded.
Effective: March 1, 2024