Terms and Conditions of Service
- General
Artlexis websites (“Websites”), mobile
applications (“Apps”), and related services
(together with the Websites and Apps, the “Service”) are operated by EUP TECHNOLOGY.,JSC. (“EUP” “us,” or “we”). Access and use of the Service is subject to
the following Terms and Conditions of Service (“Terms and
Conditions”). By accessing or using any part of the Service, you represent
that you have read, understood, and agree to be bound by these Terms and Conditions including any future
modifications. EUP may amend, update, or change these Terms and Conditions. If we do this, we will post
a notice that we have made changes to these Terms and Conditions on the Websites for at least 7 days
after the changes are posted and will indicate at the bottom of the Terms and Conditions the date these
terms were last revised. Any revisions to these Terms and Conditions will become effective the earlier
of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such
changes. If you do not agree to abide by these Terms and Conditions, you are not authorized to use,
access, or participate in the Service.
- Description of Website and Service
The
Service allows users to access and use a variety of educational services, including learning or
practicing Artlexis, EUP may, in its sole discretion and at any time, update, change, suspend, make
improvements to or discontinue any aspect of the Service, temporarily or permanently.
- Acceptable Use of the Services
You are
responsible for your use of the Services, and for any use of the Services made using your account. Our
goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit
certain kinds of conduct that may be harmful to other users or to us. When you use the Services, you
must comply with our guidelines:
The forum has a large number of users from all over the world, from many
different cultures and with many different language levels, but we all have the same goal: to learn.
Curiosity, love of learning and cultural knowledge are what we should share. Respect others as others
respect you.
- Willing to help and support other learners at all language
levels
We are all in this together. Learning a language is not easy and requires a lot
of willpower and determination. If someone uses incorrect grammar or has a question that you can answer,
help them in a kind and gentle way. Being harsh and hostile will not help anyone learn anything. If you
cannot stay calm and be friendly, please do not engage in answering.
- Respect and share regional language differences
A language can have many words, many sounds, and many ways to say the same thing.
That is the wonderful diversity of language. Come to the discussion with an open mind and attitude.
We care about your safety. Learning a language involves a lot of communication,
but be careful about posting personal information here to avoid being taken advantage of by bad actors.
Personal information can include your phone number, age, address, times you'll be home, school name,
email, or any other personal information that could put your privacy at risk. Simply put: don't
overshare. Sharing and encouraging others to share personal data can lead to your post, and possibly your
account, being taken down.
We do not tolerate content that:
- Offend one or more people with your words and actions
Artlexis is a safe learning
environment for everyone. Harassment and hurtful behavior will not be tolerated. Using icons, names, and
comments to harass, impersonate someone, or make sexually explicit comments about someone—all of which
are considered violations of Artlexis rules. The same
goes for nudity, inappropriate avatars, and usernames. As stated in our terms , Artlexis reserves the right to replace images or remove accounts at our
discretion. First rule: if you are making someone feel attacked or hurt, you should stop doing so. We take
reports of inappropriate behavior seriously and may delete your account without notice once our team has
confirmed your actions.
Artlexis requires honesty in
learning. If you use userscripts to cheat or steal other users' information, affecting Artlexis systems
and data as well as the learner community, your account will be banned.
- Write provocative comments
Comments that are inflammatory, obscene, or unrelated to the topic at hand will
not help the learning process. Neither will profanity or swearing. Please keep these out of the
forum.
- Or the following contents:
- Illegal
- Pornographic images
- Excessive abuse or violence
- Spam
- Threatening, harassing or bullying
- Relating to racism or intolerance
- Impersonate someone falsely or fraudulently
- Personal confidential information
We will remove any content that violates the spirit of these guidelines and you
risk losing some or all of your access to Artlexis without notice. By following these guidelines, we
contribute to a fun and productive learning community.
- Additional Terms
Some of our Services
have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, we will make them available for you
to read through your use of that Service. By using that Service, you agree to the Additional
Terms.
- Registration
In connection with
registering for and using the Service, you agree (i) to provide accurate, current and complete
information about you and/or your organization as requested by EUP; (ii) to maintain the confidentiality
of your password and other information related to the security of your account; (iii) to maintain and
promptly update any registration information you provide to EUP, to keep such information accurate,
current and complete; and (iv) to be fully responsible for all use of your account and for any actions
that take place through your account.
- Your Representations and Warranties
You represent and warrant to EUP that your access and use of the Service will be in
accordance with these Terms and Conditions and with all applicable laws, rules, and regulations of
Vietnam and any other relevant jurisdiction, including those regarding online conduct or acceptable
content, and those regarding the transmission of data or information exported from Vietnam and/or
the jurisdiction in which you reside. You further represent and warrant that you have created or own any
material you submit via the Service (including Activity Materials and Content) and that you have the
right, as applicable, to grant us a license to use that material as set forth above or the right to
assign that material to us as set forth below.
- Submission of Content
As a condition of
submitting any ratings, reviews, information, data, text, photographs, audio clips, audiovisual works,
translations, flashcards, or other materials on the Service (collectively, “Content”), you hereby grant to EUP a full-paid, royalty
free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use,
reproduce, copy, adapt, modify, merge, distribute, publicly display, and create derivative works from
the Content; incorporate the Content into other works; and sublicense through multiple tiers the
Content. You acknowledge that this license cannot be terminated by you once your Content is submitted to
the Service. You represent that you own or have secured all legal rights necessary for the Content
submitted by you to be used by you, EUP, and others as described and otherwise contemplated in these
Terms and Conditions. You understand that other users will have access to the Content and that neither
they or EUP have any obligation to you or anyone else to maintain the confidentiality of the
Content.
You will not upload, display, or otherwise provide on or through the Service any Content
that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive, or otherwise
violates any law or infringes upon the right of any third party (including copyright, trademark,
privacy, publicity, or other personal or proprietary rights); (ii) in EUP’s sole judgment, is
objectionable, restricts or inhibits any other person from using the Service, or may expose EUP or its
users to any harm or liability of any kind.
- Indemnification of EUP
You agree to
defend, indemnify and hold harmless EUP and its directors, officers, employees, contractors, agents,
suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of
action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of
or relating to your access or use of the Service, any false representation made to us (as part of these
Terms and Conditions or otherwise), your breach of any of these Terms and Conditions, or any claim that
any translation we provide to you is inaccurate, inappropriate or defective in any way
whatsoever.
- License to Apps
Subject to the terms
of these Terms and Conditions, EUP grants you a non-transferable, non-exclusive license to download,
install, and use one copy of each App in object code form only on an interactive wireless device that
you own or control. You may not derive or attempt to derive the source code of all or any portion of any
App, permit any third party to derive or attempt to derive such source code, or reverse engineer,
decompile, disassemble, or translate any App or any part thereof. EUP and its licensors own and shall
retain all intellectual property rights and other rights in and to the Apps, and any changes,
modifications, or corrections thereto. The following terms and conditions apply to you only if you are
using the Apps from the Apple App Store. To the extent the other terms and conditions of these Terms and
Conditions are less restrictive than, or otherwise conflict with, the terms and conditions of this
paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely
with respect to Apps from the Apple App Store. You acknowledge and agree that these Terms and Conditions
are solely between you and EUP, not Apple, and that Apple has no responsibility for the Apps or content
thereof. Your use of any App must comply with the App Store Terms of Service. You acknowledge that Apple
has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps.
In the event of any failure of any App to conform to any applicable warranty, you may notify Apple, and
Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by
applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apps, and
any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform
to any warranty will be solely governed by these Terms and Conditions. You and EUP acknowledge that
Apple is not responsible for addressing any claims of you or any third party relating to the Apps or
your possession and/or use of any App, including, but not limited to: (i) product liability claims; (ii)
any claim that an App fails to conform to any applicable legal or regulatory requirement; and (iii)
claims arising under consumer protection or similar legislation. You and EUP acknowledge that, in the
event of any third-party claim that any App or your possession and use of that App infringes that third
party’s intellectual property rights, EUP, not Apple, will be solely responsible for the
investigation, defense, settlement and discharge of any such intellectual property infringement claim to
the extent required by these Terms and Conditions. You must comply with applicable third party terms of
agreement when using any App. You and EUP acknowledge and agree that Apple, and Apple’s
subsidiaries, are third party beneficiaries of these Terms and Conditions as they relate to your license
of the Apps, and that, upon your acceptance of these Terms and Conditions, Apple will have the right
(and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a
third party beneficiary thereof.
- In-App Purchases
Automatic
Renewal
If you purchase an auto-renewing periodic subscription through the
Service, your Artlexis account will be billed
continuously for the subscription until you terminate it as set forth below. After your initial
subscription period, and again after any subsequent subscription period, your subscription will
automatically renew for an additional equivalent period. If you do not wish your subscription to renew
automatically, or if you want to change or terminate your subscription, you will need to log in to your
Artlexis account and follow instructions to terminate
or change your subscription, even if you have deleted your account.
In-App Items
In the Service, you
may purchase, with “real world” money, a limited, personal, non-transferable,
non-sublicensable, revocable license to use (a) “virtual currency,” including but not
limited to virtual gems, solely for use in the Service, and (b) “virtual in-app items”
(together with “virtual currency,” “Virtual Items”). You are allowed to purchase Virtual Items through the Service, and not in any other
way.
EUP may manage, regulate, control, modify, or eliminate Virtual Items at any time, with or
without notice. EUP may update the pricing of Virtual Items at any time in its sole discretion, and may
add new Virtual Items for additional fees. EUP shall have no liability to you or any third party in the
event that EUP exercises any such rights.
The transfer of Virtual Items is prohibited except where
expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not
sell, redeem or otherwise transfer Virtual Items to any person or entity, including but not limited to
Company, another user, or any third party.
Fees and Taxes
You agree to pay all fees and applicable taxes incurred by you or anyone using a
Artlexis account registered to you. EUP may revise
the pricing for the goods and services offered through the Service at any time. All information that you
provide in connection with a purchase or transaction or other monetary transaction interaction with the
Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your
credit card, debit card, or other payment method used in connection with a purchase or transaction or
other monetary transaction interaction with the Service at the prices in effect when such charges are
incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or
other monetary transaction interactions.
- Payment Processors
All financial
transactions made in connection with the Service will be processed by a third party in accordance with
their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. We
encourage you to learn about the practices of such third party. In no event will EUP be responsible for
the actions or inactions of any third party payment processor, including, but not limited to, system
downtime or payment service outages.
- Refund Policy
All payments are
nonrefundable. There are no refunds or credits for Virtual Items or partially used membership periods.
However, EUP may grant refunds or credits on a case-by-case basis at our sole discretion. EUP’s
grant of a refund or credit in one instance does not obligate EUP to provide a refund or credit in the
future, under any circumstances. If you cancel your periodic subscription to a paid service, you will
continue to have access to the service through the end of your current billing period.
- Third-Party Links, Sites, and Services
The Service may contain links to third-party websites, advertisers, services, special
offers, or other events or activities that are not owned or controlled by EUP. We do not endorse or
assume any responsibility for any such third-party sites, information, materials, products, or services.
If you access any third party website, service, or content from EUP, you understand that these Terms and
Conditions and our Privacy Policy do not apply to your use of such sites. You expressly acknowledge and
agree that EUP shall not be responsible or liable, directly or indirectly, for any damage or loss
arising from your use of any third-party website, service, or content.
The Service may include
advertisements, which may be targeted to the Content or information on the Service, or other
information. The types and extent of advertising by EUP on the Service are subject to change. In
consideration for EUP granting you access to and use of the Service, you agree that EUP and its third
party providers and partners may place such advertising in connection with the display of content or
information submitted by you or others.
- No Representations or Warranties by EUP
The service, including all images, audio files and other content therein, and any other
information, property and rights granted or provided to you by EUP are provided to you on an “as
is” basis. EUP and its suppliers make no representations or warranties of any kind with respect to
the service, either express or implied, and all such representations and warranties, including
warranties of merchantability, fitness for a particular purpose or non-infringement, are expressly
disclaimed. Without limiting the generality of the foregoing, EUP does not make any representation or
warranty of any kind relating to accuracy, service availability, completeness, informational content,
error-free operation, results to be obtained from use, or non-infringement. Access and use of the
service may be unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or
unscheduled maintenance or for other reasons. Some jurisdictions do not allow the exclusion of implied
warranties, so the above exclusion may not apply to you.
- Limitation on Types of Damages/Limitation of
Liability
To the maximum extent permitted by applicable law, in no event
will EUP be liable to you or any third party claiming through you (whether based in contract, tort,
strict liability or other theory) for indirect, incidental, special, consequential or exemplary damages
arising out of or relating to the access or use of, or the inability to access or use, the service or
any portion thereof, including but not limited to the loss of use of the service, inaccurate results,
loss of profits, business interruption, or damages stemming from loss or corruption of data or data
being rendered inaccurate, the cost of recovering any data, the cost of substitute services or claims by
third parties for any damage to computers, software, modems, telephones or other property, even if EUP
has been advised of the possibility of such damages. to the maximum extent permitted by applicable law,
EUP’s liability to you or any third party claiming through you for any cause whatsoever, and
regardless of the form of the action, is limited to the amount paid, if any, by you to EUP for the
service in the 12 months prior to the initial action giving rise to liability. This is an aggregate
limit. The existence of more than one claim hereunder will not increase this limit.
- Termination
EUP may terminate your access and use of the Service immediately at any time, for any reason,
and at such time you will have no further right to use the Service. You may terminate your EUP account
at any time by following the instructions available through the Service. Sections 1, 6, 8, and 10-28 of
these Terms and Conditions shall survive any termination.
- Proprietary Rights in Service Content and Activity
Materials
All content available through the Service, including designs, text,
graphics, images, information, software, audio and other files, and their selection and arrangement
(“Service Content”), are the proprietary
property of EUP or its licensors. No Service Content may be modified, copied, distributed, framed,
reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by
any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may
not use any data mining, robots, scraping, or similar data gathering or extraction methods to obtain
Service Content. As between you and EUP, all data, information, and materials generated from your access
and use of the educational activities made available on or through the Service, including translated
content generated by you (“Activity Materials”), shall be exclusively owned by EUP, and you
shall not have any right to use such Activity Materials except as expressly authorized by these Terms
and Conditions. By using the Service, you hereby assign to EUP any and all rights, title, and interest,
including any intellectual property rights or proprietary rights, in the Activity Materials. All rights
of EUP or its licensors that are not expressly granted in these Terms and Conditions are reserved to EUP
and its licensors.
- Trademarks
“Artlexis” and
all other trademarks, service marks, graphics, and logos used in connection with the Service are
trademarks or service marks of EUP or their respective owners, and certain of them are registered with
the United States Patent and Trademark Office or other trademark authorities. Access and use of the
Service does not grant or provide you with the right or license to reproduce or otherwise use the EUP or
Artlexis name or any EUP or third-party trademarks, service marks, graphics, or logos.
- Privacy
Use of the Service is also
governed by our Privacy Policy. By using the Service, you consent to the terms of the Privacy
Policy.
- Promotion Code Terms
EUP may offer codes that can be redeemed for certain Services (“Promotion Codes”).
Unless otherwise advertised, Promotion Codes are subject to the following terms, in addition to all
other Terms and Conditions. By using or redeeming a Promotion Code, you accept and agree to all
applicable terms.
Code Providers
In some
cases, you may receive your Promotion Code from an authorized third party, such as your employer or
another business (“Code Provider”).
Your
Code Provider may set additional limitations on your eligibility for the Promotion Code and may
terminate your use of the Promotion Code. For example, if you obtained a prepaid subscription to Artlexis
by redeeming a Promotion Code provided by your employer, your employer may terminate your prepaid
subscription if your employment ceases. If your Code Provider terminates your use of the Promotion Code,
you will retain control of your Artlexis account and data, and may subscribe to Artlexis on your own.
If
you redeem a Promotion Code from a Code Provider, you understand and agree that Artlexis may share data
relating to your use of the Promotion Code with your Code Provider, including both anonymized, aggregate
data, and individual usage data.
Types of Promotion Codes
EUP may offer the following types of Promotion Codes:
- Promotion Codes for Virtual Items (“Virtual Item Code”). All Virtual Items are subject to
Section 10 of these Terms and Conditions.
- Promotion Codes for an extended free trial of a Artlexis subscription
plan, such as Super Artlexis or Artlexis Max (“Extended Free Trial
Code”). Existing Artlexis subscribers are not eligible to redeem Extended
Free Trial Codes. Furthermore, you may redeem only one Extended Free Trial Code per calendar
year.
- Promotion Codes for a prepaid subscription to a Artlexis subscription
plan (“Prepaid Code”). Existing Artlexis
subscribers are not eligible to redeem Prepaid Codes.
Automatic Renewal Terms for Extended Free Trial Codes
To redeem an Extended Free Trial Code, you will be required to select a subscription plan for
after your extended free trial and submit valid payment details that are accepted by EUP
If you redeem an Extended Free Trial Code, unless you cancel at least 24 hours before your
extended free trial ends, you will automatically become a recurring subscriber to the subscription plan you
selected after your extended free trial ends. The payment method you provided
will then automatically be charged for the subscription price you selected. If you cancel during your
extended free trial, you will lose access to the subscription service at the end of the free
trial.
Terms Applicable to All Promotion Codes
Promotion Codes have no dollar value, and may not be redeemed for cash or a refund on an existing
subscription or past purchase.
You may redeem each Promotion Code only once.
Some Promotion Codes may
be subject to expiration dates or an overall limit of allowed redemptions.
EUP may modify, suspend, or
terminate a Promotion Code at any time for any reason.
Reselling or transferring Promotion Codes is
strictly prohibited. Any Promotion Codes that have been resold or transferred are null and void.
If any
Promotion Code is redeemed or used in violation of this Section or other applicable terms, EUP may
invalidate that Promotion Code and terminate any Services obtained from that Promotion Code, without refund
or exchange of any kind. Furthermore, if EUP determines that a user has abusively violated any applicable
terms, EUP may ban that user from redeeming or using Promotion Codes.
- Notice for Claims of Copyright Violations and Agent for
Notice
If you are a copyright owner and have a good faith belief that any
material available through the Service infringes upon your copyrights, you may submit a copyright
infringement notification to EUP by providing us with the following information in writing:
- an electronic or physical signature of the copyright owner or the
person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been
infringed;
- a description of where the material that you claim is infringing
is located on the Service, with enough detail that we may find it on the Service;
- 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 owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner or are authorized to act on
the copyright owner's behalf.
Please consult your legal counsel for further details. EUP’s Agent for
Notice of claims of copyright infringement can be reached as follows:
By mail:
Room 802, 8th Floor, 315 Truong Chinh Building, Khuong Mai Ward, Thanh Xuan
District, Hanoi City, Vietnam
By email: [email protected]
For clarity, only
copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply
with all of the requirements of this section your notice may not be valid.
If you believe the content
that was removed (or to which access was disabled) is not infringing, or that you have the authorization
from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such
content, you may submit a counter-notice to the address listed above containing the following
information:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which
access has been disabled and the location at which the content appeared before it was removed or
disabled;
- A statement that you have a good faith belief that the content
was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, physical address, telephone number, and e-mail
address, a statement that you consent to the jurisdiction of the federal court in the judicial district
in which you reside, or if you reside outside of the United States, then of the federal court in
Pittsburgh, Pennsylvania, and a statement that you will accept service of process from the person who
provided notification of the alleged infringement.
After we receive your counter-notification, we will forward it to the party who
submitted the original claim of copyright infringement. Please note that when we forward the
counter-notification, it includes your personal information. By submitting a counter-notification, you
consent to having your information revealed in this way. We will not forward the counter-notification to any
party other than the original claimant.
After we send out the counter-notification, the claimant must
then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from
engaging in infringing activity relating to the content that was removed or disabled. If we receive such
notification, we will be unable to restore the material. If we do not receive such notification, we may
reinstate the material.
- Governing Law
These Terms and
Conditions shall be governed by and construed under the laws of Vietnam, excluding any conflict of laws
provisions, regardless of your country of origin or where you access the Service.
- Choice of Forum
Subject to Section 24
(Dispute Resolution & Arbitration), all judicial proceedings relating to or arising out of these
Terms and Conditions or the Service shall be brought in the People's Court in Hanoi, Vietnam. Both
parties hereby consent to the personal jurisdiction of People's Court in Hanoi, Vietnam, and waive
any objections to venue in those courts.
- Dispute Resolution & Arbitration
Any
dispute or claim relating to these terms and conditions or the service and seeking monetary relief shall
be resolved by binding arbitration on an individual basis according to this section.
Prior to initiating any arbitration, the party seeking
arbitration (“Claimant”) must first send a
written Notice of Claim to the other party (“Respondent”) by email or USPS Certified Mail. This Notice must contain the Claimant’s name,
address, and contact information; the identity of counsel (if any); the nature and basis of the claim;
and the specific relief sought. Within thirty (30) days of receipt of the Notice, the parties shall
engage in at least one good-faith settlement conference by telephone or video conference. An individual
party must be personally present at this settlement conference, and an entity party must be present at
this settlement conference through an employee with settlement authority, though both parties may bring
counsel as well. Arbitration shall be initiated only if no settlement can be reached at this settlement
conference.
The arbitration shall be conducted by a single arbitrator and administered by the Vietnam
International Arbitration Centre (“VIAC”)
and the provisions of this section. Where they conflict, the provisions of this section shall take
precedence over any VIAC Rules. If the VIAC is unavailable to conduct an arbitration, the parties shall
arbitrate through another mutually agreed upon organization or on an ad hoc basis according to the rules
in this section. The arbitration shall be conducted in the English language.
If a claim is within the
jurisdiction of a small claims court, either party may choose to have the case heard in the small claims
court on an individual basis, instead of arbitration.
If you do not want to arbitrate disputes with
EUP and you are an individual, you may opt out of this arbitration agreement by sending an email to [email protected] within 30 days of
the day you first access or use the Service.
Notwithstanding the above, either party may apply for
and obtain non-monetary, injunctive remedies or urgent relief in court without engaging in any
arbitration or informal dispute resolution process.
- Language
This agreement was originally
written in English. To the extent any translated version of this agreement conflicts with the English
version, the English version controls.
- California Resident
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3,
you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N
112 Sacramento, CA 95834, or by telephone at (800) 952-5210
- Additional Terms for Android Users in China
These Terms and Conditions are a contract between you and EUP TECHNOLOGY.,JSC, an
educational technology company based in Vietnam. All paid EUP Services are developed and operated from
Vietnam. When you pay for a EUP Service, your payment goes to EUP TECHNOLOGY.,JSC in Vietnam. By purchasing
or subscribing to a paid EUP service, you agree that you are buying an offshore service based in
Vietnam.
- Miscellaneous
These Terms and
Conditions constitute the entire agreement between EUP and you concerning the subject matter hereof. In
the event that any of the Terms and Conditions are held by a court or other tribunal of competent
jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent
necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver
by EUP or you of any provision of these Terms and Conditions or any breach thereof, in any one instance,
will not waive such term or condition or any subsequent breach thereof. EUP may assign its rights or
obligations under these Terms and Conditions without condition. These Terms and Conditions will be
binding upon and will insure to the benefit of EUP and you, and EUP's and your respective successors
and permitted assigns.