Stacks Image 4319
Stacks Image 4321
  • Maintenance Agreement 2017-2018

    This Maintenance Agreement (“Agreement”) is hereby entered into between you, your employees and agents (collectively “Customer”) and applies to the purchase of all Monthly Website Maintenance Services (hereinafter collectively referred to as “Maintenance Services”) ordered by Customer.
    1 Term and Termination – This Agreement shall be effective as of the time frame Customer signs up FOR AUTO BILLING Maintenance Services. This Agreement may be terminated by either party upon written notice to the other, if the other party breaches any material obligation provided hereunder and the breaching party fails to cure such breach within thirty (30) days of receipt of the notice. This Agreement may be terminated by Mizani Media and Mizani Apps and Mizani PWA (i) immediately if Customer fails to pay any fees hereunder; or (ii) if Customer fails to cooperate with Mizani Media and Mizani Apps and Mizani PWA or hinders Mizani Media and Mizani Apps and Mizani PWA.s ability to perform the Maintenance Services hereunder.
    2 Maintenance ServicesMizani Media and Mizani Apps and Mizani PWA agrees to provide Customer with Maintenance Services as described in this Agreement. Maintenance Services include:
    Updates to text, images, and other minor changes to Customer’s website pages.
    Upgrades to Customer’s content management system, including plugins and themes.
    Removal of malware, spam and malicious code from Customer’s website.
    Recovery of files or email from backups, if available.
    3 Fees; Limitations on Refunds and Cancellation Fees – Customer agrees to pay Mizani Media and Mizani Apps and Mizani PWA First day of Month or 15th Days of Month any and all fee(s) as billed in accordance with this Agreement. The fee(s) must be received prior to the start of any Maintenance Services. THE CUSTOMER FURTHER AGREES THAT, IN THE EVENT OF ANY TERMINATION OF THIS AGREEMENT BY CUSTOMER, NO REFUNDS SHALL BE GIVEN UNDER ANY CIRCUMSTANCES WHATSOEVER. THE CUSTOMER FURTHER AGREES TO PAY UPON CANCELLATION THE AMOUNT OF ANY CANCELLATION FEES OR OTHER AMOUNTS DUE TO Mizani Media and Mizani Apps and Mizani PWA AS PROVIDED IN THE AGREEMENT. Mizani Media and Mizani Apps and Mizani PWA IS HEREBY AUTHORIZED TO CHARGE CUSTOMER’S CREDIT CARD ACCOUNT OR OTHER PAYMENT MECHANISM FOR ANY AMOUNTS OWED FROM TIME TO TIME BY CUSTOMER TO Mizani Media and Mizani Apps and Mizani PWA.
    4 Customer Responsibilities – For the purposes of providing these services, Customer agrees:
    To provide Mizani Media and Mizani Apps and Mizani PWA with access to its web sites for creating new pages, and making changes for the purpose of providing Maintenance Services.
    To properly convey to
    Mizani Media and Mizani Apps and Mizani PWA the information that needs to be changed or added.
    5 Customer Acknowledgements – Customer understands, acknowledges and agrees that:
    Only one (1) hour of time for Maintenance Services is allowed per month, billed in fifteen (15) minute increments.
    Any work that exceeds one (1) hour will be billed on an hourly basis of $100 per hour.
    Web page updates exclude, but are not limited to, image editing, graphic design, graphic editing, database design, database changes, programming, and search engine optimization.
    Mizani Media and Mizani Apps and Mizani PWA has no control over the policies of search engines or directories with respect to the type of sites and/or content that they accept now or in the future. Customer’s web site(s) may be excluded from any search engine or directory at any time at the sole discretion of the search engine or directory entity.
    Additional fees could be charged if the information provided has to be typed and exceeds the one (1) hour of time allotted.
    If changes are made by
    Mizani Media and Mizani Apps and Mizani PWA according to Customer’s information, and the changes are not correct, additional time to remedy the changes fall under the one (1) hour of time allotted.
    Unused time is not accumulative. Unused time does not transfer from month to month. Maintenance Services time is strictly month to month.
    Mizani Media and Mizani Apps and Mizani PWA is not responsible for rewriting sentences, restructuring paragraphs, or checking for typing errors, misspellings, etc.
    Mizani Media / Mizani Apps / Mizani Mizani Design / Mizani PWA is not responsible for changes made to Customer’s web site(s) by other parties.
    Mizani Media / Mizani Apps / Mizani Mizani Design / Mizani PWA is not responsible for third-party plugins that may become unusable as a result of Maintenance Services performed.
    Mizani Media / Mizani Apps / Mizani Mizani Design / Mizani PWA will not repair Customer’s website(s) that became compromised, hacked, or otherwise defaced or infected prior to ordering Maintenance Services.
    Recovery or repair of Customer’s website is not guaranteed.
    Availability of backups is not guaranteed.
    6 Additional Services – Additional services not listed herein will be provided for a fee of $100.00 per hour. Mizani Media / Mizani Apps / Mizani Mizani Design / Mizani PWA is not responsible for developing new content or writing new copy for Customer. Customer will be charged an additional fee for writing content, based on the hourly rate of $100.00 per hour.
    7 Indemnification – Customer shall indemnify and hold harmless Mizani Media / Mizani Apps / Mizani Mizani Design / Mizani PWA(and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) incurred by Mizani Media / Mizani Apps / Mizani Mizani Design / Mizani PWA as a result of any claim, judgment, or adjudication against Mizani Media / Mizani Apps / Mizani Mizani Design / Mizani PWA related to or arising from (a) any photographs, illustrations, graphics, audio clips, video clips, text, data or any other information, content, display, or material (whether written, graphic, sound, or otherwise) provided by Customer to Mizani Media / Mizani Apps / Mizani Mizani Design / Mizani PWA (the “Customer Content”), or (b) a claim that Mizani Media / Mizani Apps / Mizani Mizani Design / Mizani PWA use of the Customer Content infringes the intellectual property rights of a third party. To qualify for such defense and payment, Mizani Media / Mizani Apps / Mizani Mizani Design / Mizani PWA must: (i) give Customer prompt written notice of a claim; and (ii) allow Customer to control, and fully cooperate with Customer in, the defense and all related negotiations.
    8 Disclaimer of All Other Warranties – MIZANI MEDIA DOES NOT WARRANT THAT THE MAINTENANCE SERVICES WILL MEET THE CUSTOMER’S EXPECTATIONS OR REQUIREMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE IS WITH CUSTOMER. EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT, MIZANI MEDIA AND MIZANI APPS/ MIZANI PWA PROVIDES ITS SERVICES “AS IS” AND WITHOUT WARRANTY OF ANY KIND. THE PARTIES AGREE THAT (A) THE LIMITED WARRANTIES SET FORTH IN THIS SECTION ARE THE SOLE AND EXCLUSIVE WARRANTIES PROVIDED BY EACH PARTY, AND (B) EACH PARTY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THIS AGREEMENT, PERFORMANCE OR INABILITY TO PERFORM UNDER THIS AGREEMENT, THE CONTENT, AND EACH PARTY’S COMPUTING AND DISTRIBUTION SYSTEM. IF ANY PROVISION OF THIS AGREEMENT SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS.
    9 Limited Liability – IN NO EVENT SHALL Mizani Media / Mizani Apps / Mizani Mizani Design / Mizani PWA BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, LOST PROFITS, WHETHER OR NOT FORESEEABLE OR ALLEGED TO BE BASED ON BREACH OF WARRANTY, CONTRACT, NEGLIGENCE OR STRICT LIABILITY, ARISING UNDER THIS AGREEMENT, LOSS OF DATA, OR ANY PERFORMANCE UNDER THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. THERE SHALL BE NO REFUNDS. Mizani Media / Mizani Apps / Mizani Mizani Design / Mizani PWA MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY PRODUCTS, THIRD PARTY CONTENT OR ANY SOFTWARE, EQUIPMENT, OR HARDWARE OBTAINED FROM THIRD PARTIES.
    10 Customer Representations – Customer makes the following representations and warranties for the benefit of Mizani Media / Mizani Apps / Mizani Mizani Design / Mizani PWA:
    Customer represents to Mizani Media / Mizani Apps / Mizani Mizani Design / Mizani PWA and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Mizani Media / Mizani Apps / Mizani Mizani Design / Mizani PWA are owned by Customer, or that Customer has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Mizani Media / Mizani Apps / Mizani Mizani Design / Mizani PWA and its subcontractors from any claim or suit arising from the use of such elements furnished by Customer.
    Customer guarantees to S
    Mizani Media / Mizani Apps / Mizani Mizani Design / Mizani PWA and unconditionally guarantees that Customer’s website has not been compromised, hacked, or otherwise defaced or infected prior to ordering Maintenance Services.
    Customer guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Slamdot for inclusion on the website above are owned by Customer, or that Customer has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend
    Mizani Media / Mizani Apps / Mizani Mizani Design / Mizani PWA and its subcontractors from any liability or suit arising from the use of such elements.
    From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. Customer agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend
    Mizani Media / Mizani Apps / Mizani Mizani Design / Mizani PWA and its subcontractors from any claim, suit, penalty, tax, or tariff arising from Customer’s exercise of Internet electronic commerce.
    11 Confidentiality – The parties agree to hold each other’s Proprietary or Confidential Information in strict confidence. “Proprietary or Confidential Information” shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information. Proprietary or Confidential Information shall not include any information which: (i) is or becomes generally known to the public by any means other than a breach of the obligations of the receiving party; (ii) was previously known to the receiving party or rightly received by the receiving party from a third party; (iii) is independently developed by the receiving party; or (iv) is subject to disclosure under court order or other lawful process. The parties agree not to make each other’s Proprietary or Confidential Information available in any form to any third party or to use each other’s Proprietary or Confidential Information for any purpose other than as specified in this Agreement. Each party’s proprietary or confidential information shall remain the sole and exclusive property of that party. The parties agree that in the event of use or disclosure by the other party other than as specifically provided for in this Agreement, the non-disclosing party may be entitled to equitable relief. Notwithstanding termination or expiration of this Agreement, Mizani Media / Mizani Apps / Mizani Mizani Design / Mizani PWA and Customer acknowledge and agree that their obligations of confidentiality with respect to Proprietary or Confidential Information shall continue in effect for a total period of three (3) years from the effective date.
    12 Force Majeure – Neither party will be liable for, or will be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond such Party’s reasonable control and that such Party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected Party will give prompt written notice to the other Party and will use commercially reasonable efforts to minimize the impact of the event.
    13 Relationship of PartiesMizani Media / Mizani Apps / Mizani Mizani Design / Mizani PWA, in rendering performance under this Agreement, shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership. Customer does not undertake by this Agreement, or otherwise, to perform any obligation of Mizani Media / Mizani Apps / Mizani Mizani Design / Mizani PWA, whether by regulation or contract. In no way is Mizani Media / Mizani Apps / Mizani Mizani Design / Mizani PWA to be construed as the agent or to be acting as the agent of Customer in any respect, any other provisions of this Agreement notwithstanding.
    14 Notice and Payment – Any notice required to be given under this Agreement shall be in writing and delivered personally to the other designated party, mailed by certified, registered or Express mail, return receipt requested or by Federal Express. Either party may change its address to which notice or payment is to be sent by written notice to the other under any provision of this paragraph.
    15 Jurisdiction/Disputes – This Agreement shall be governed in accordance with the laws of the State of Tennessee. All disputes under this Agreement shall be resolved by litigation in the courts of the State of Tennessee including the federal courts therein and the Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.
    16 Agreement Binding on Successors – The provisions of the Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their heirs, administrators, successors and assigns.
    17 Assignability – Customer may not assign this Agreement or the rights and obligations thereunder to any third party without the prior express written approval of Mizani Media / Mizani Apps / Mizani Mizani Design / Mizani PWA.
    Mizani Media / Mizani Apps / Mizani Mizani Design / Mizani PWA reserves the right to assign subcontractors as needed to this project to ensure on-time completion.
    18 Waiver – No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement.
    19 Sever-ability – If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
    20 No Inference Against Author – No provision of this Agreement shall be interpreted against any Party because such Party or its legal representative drafted such provision.
    21 Disputes – Customer and Mizani Media / Mizani Apps / Mizani Mizani Design / Mizani PWA agree to make a good-faith effort to resolve any disagreement arising out of, or in connection with, this Agreement through negotiation. Should the parties fail to resolve any such disagreement within ten (10) days, any controversy or claim arising out of or relating to this Agreement, including, without limitation, the interpretation or breach thereof, shall be submitted by either party to arbitration in Knox County, Tennessee and in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted by one arbitrator, who shall be (a) selected in the sole discretion of the American Arbitration Association administrator and (b) a licensed attorney with at least ten (10) years experience in the practice of law and at least five (5) years experience in the negotiation of technology contracts or litigation of technology disputes. The arbitrator shall have the power to enter any award that could be entered by a judge of the state courts of Tennessee sitting without a jury, and only such power, except that the arbitrator shall not have the power to award punitive damages, treble damages, or any other damages which are not compensatory, even if permitted under the laws of the State of Tennessee or any other applicable law. The arbitrator must issue his or her resolution of any dispute within thirty (30) days of the date the dispute is submitted for arbitration. The written decision of the arbitrator shall be final and binding and enforceable in any court having jurisdiction over the parties and the subject matter of the arbitration. Notwithstanding the foregoing, this Section shall not preclude either party from seeking temporary, provisional, or injunctive relief from any court.
    22 Read and Understood – Each Party acknowledges that it has read and understands this Agreement and agrees to be bound by its terms and conditions.
  • Terms of Service 2017-2018

    These Terms and Conditions (“Agreement”), together with the Acceptable Use Policy, Privacy Policy, and order form, including all amendments or modifications to any of them, along with any policies, guidelines or amendments that may be presented to you from time to time, constitute the sole and entire Agreement between you, your employees and agents (collectively “Customer”) and MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP (collectively “Terms of Service
    These Terms and Conditions (“Agreement”), together with the
    Acceptable Use Policy, Privacy Policy, and order form, including all amendments or modifications to any of them, along with any policies, guidelines or amendments that may be presented to you from time to time, constitute the sole and entire Agreement between you, your employees and agents (collectively “Customer”) and MIZANI MEDIA / MIZANI APPS/MIZANI PWA / MIZANI DESIGN LLC., Inc. (collectively “MIZANI MEDIA / MIZANI APPS/MIZANI PWA / MIZANI DESIGN LLC.”), a Delaware corporation, with respect to the matters covered hereby and govern your use of the MIZANI MEDIA / MIZANI APPS/MIZANI PWA / MIZANI DESIGN LLC. website, materials, products and services (collectively “Services”, superseding any prior discussions, negotiations and agreements between Customer and MIZANI MEDIA / MIZANI APPS/MIZANI PWA / MIZANI DESIGN LLC. (“the parties”) for the use of MIZANI MEDIA / MIZANI APPS/MIZANI PWA / MIZANI DESIGN LLC. Services and with respect to the subject matter hereof. By using the Services, Customer agrees to all of the provisions contained or referred to in this Agreement.
    MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP reserves the right to update or change the Agreement, in whole or in part, at any time in its sole discretion without notice. Your continued use of the Services after such changes are posted to the web site also constitutes your acceptance of the changes. The Agreement may not be amended or modified by Customer except by means of a written document signed or expressly assented to by MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP. Please consult this Agreement regularly. You can review the most current version of the Agreement at any time at:
    http://www.icloudwebservices.com
    1 ServicesMIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP agrees to provide to Customer the Services according to the plan selected by Customer upon submitting the order form and in exchange for payment of fees and full compliance with the Agreement. Customer agrees to be at least 18 years of age. Customer agrees to provide real, current and accurate information, including a valid and current email address, at all times. You are responsible for maintaining the confidentiality and security of your account and password. You are solely responsible for all activities that occur under your account and for any loss, theft or other destruction of any data as the result of any access to your account via the use of your account information, whether or not actually or expressly authorized by you. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction, including, but not limited to, copyright laws.
    2 IP Addresses – Internet Protocol addresses assigned or provided by IZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP remain the property of IZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP, and the right to use the IP addresses belongs solely to MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    3 Term, Fees and Payment
    – The initial term of the Agreement shall begin on the date that MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    generates an email notification of Customer’s account activation. The term of the Agreement shall be one (1) month and will be automatically renewed each additional month beyond the expiration of the initial term subject to written cancellation by the Customer. Establishment of this service is contingent upon receipt of payment from Customer to MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    Subsequent payments are due on the anniversary date of the month for that month’s service, unless customer requests all monthly payments to be consolidated to one specific billing date. Fees for Service(s) ordered by Customer shall begin on the date of the initial order and that date shall serve as the monthly anniversary date for all future billings, including one-time fees, upgrades and additional services. Payment is due on the defined monthly recurring billing date of each month. Credit cards that are declined for any reason are subject to a $20.00 declination fee. Accounts that reach 7 days past due will be suspended and the Service will be interrupted. Service interrupted for non-payment is subject to a $50.00 reconnect charge. Accounts not paid by due date are subject to a $20.00 late fee. MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    . Currency exchange settlements will be based on agreements between Customer and the provider of Customer’s credit card. Upgrade Fees: Upgrades ordered on the billing anniversary date will be billed for a full month service and will continue each month on the anniversary date. Upgrades ordered after the normal anniversary billing date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing anniversary billing date. Additional Service Fees: Additional services ordered on the billing anniversary date will be billed for the full month service and will continue each month on the anniversary date. Additional services ordered after the normal anniversary billing date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing anniversary billing date. One Time Fees: One time fees, such as setup fees, administrative fees, bandwidth overages and late fees are due and payable at the time they are incurred, and agreed upon in writing or via ticket with approval. Cancellation: MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    requires a three (3) day written cancellation notice prior to the anniversary billing date for discontinuance or downgrades of month to month services. Failure to supply the requisite three (3) days written notice of cancellation will result in a full billable monthly cycle prior to cancellation. Notice of written cancellation is preferred through the control panel located at https://www.slamdot.com/login. Notice of cancellation can also be mailed to MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    All customer data remaining after the cancellation date will be destroyed for security and privacy reasons. Refunds & Disputes: All services rendered by MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    are non-refundable. This includes, but is not limited to: setup fees, one time fees, monthly service fees, upgrade fees, additional service fees, administrative fees, and late fees. Customers seeking to resolve billing errors are instructed to open a billing ticket inside the control panel located at https://www.slamdot.com/login. Customer agrees not to chargeback any credit card payments for services rendered. A chargeback of payment for services rendered will result in an additional charge of $150 and will be subject to collection by an authorized collection agency.
    4 Uptime GuaranteeMIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    guarantees network and server uptime of 99.9% during any 12-month period. Guarantee is not applicable in cases where downtime is the result of (1) scheduled maintenance, (2) customer behavior or customer applications, or (3) circumstances where MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    has no influence or control. Exceptions to the guarantee, in which no credits will be made, include, but are not limited to, (1) backbone provider failures, (2) restoration of backups, (3) movement of accounts, (4) issues at the fault of Customer or third party, (5) fiber-optic main line cuts, (6) DNS or Registrar issues with the Customer’s domain name, (7) routing issues between the Customer’s location and the data center, (8) issues with Customers’s local ISP, (9) Denial of Service attack, (10) suspension of an account per our TOS, and (11) external issues such as acts of God, war, governmental bodies, insurrection, embargo, fire, strike, sabotage, flood and any other natural or unnatural events. For uptime credit requests, please submit a ticket to support by logging into your MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    account athttp://www.icloudwebservices.com , or sending an email to ZAINO@MIZANIMEDIA. Credits only qualify as money back or a free month of service; the uptime guarantee extends no further. http://www.icloudwebservices.commay require proof of downtime.
    5 SSH – http://www.icloudwebservices.com allows SFTP/SCP access only. Complete SSH access is not allowed.
    6 CGI Scripts – All accounts have a cgi-bin. You can use any CGI scripts, but http://www.icloudwebservices.com reserves the right to disable any script that affects normal server operation or service to other customers. http://www.icloudwebservices.com is not responsible for your scripts and their functionality. Our support team cannot troubleshoot your scripts or third party scripts that you use on our servers.
    7 Automatic Updates – Some plans include automatic updates to WordPress and other installed software enabled by default. MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    is not responsible for any failures resulting from automatic upgrades made to Customer’s account or website. If Customer’s website relies on outdated plugins, themes, or any other legacy software, Customer should disable automatic updates through the control panel located at https://www.slamdot.com/login.
    8 Backups – Account data is backed up nightly, but MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    does not make any guarantees, either expressed or implied, as to data availability, data validity or backup regularity. MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    is not responsible for the loss or recovery of your data, even if due to the negligence of MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    We suggest you make your own backups periodically.
    9 Bandwidth/Disk Usage – Customer agrees not to exceed the maximum amount of bandwidth or disk space allotted for his or her hosting account. MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    shall have the right to take corrective action if Customer’s bandwidth or disk usage exceeds the allotted amount. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    sole and absolute discretion. MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    may, at its sole discretion, restrict, suspend or terminate Customer’s account. Customer shall not be entitled to a refund of any fees paid in advance prior to such action. Bandwidth and disk space overage is billed at $2.00 per gigabyte over the allotted amount.
    10 Server abuse/System resourcesMIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    has the right to suspend or terminate any account that utilizes an excessive or unacceptable amount of system resources, unless customer upgrades the account or significantly reduces resource usage. MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    has sole discretion in determining what constitutes an excessive or unacceptable amount of system resources.
    11 Copyright Infringement DMCAMIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    will respond to all reports of infringement that are formatted in accordance with the Digital Millennium Copyright Act and any other applicable copyright laws. Notices of infringement that do not comply with this act will not be processed. We will act in accordance with the DMCA when handling infringement reports. If you believe that your work has been copied and posted on the MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    Services without your permission or in any way that constitutes copyright infringement, please provide MIZANI MEDIA/MIZANI APPS with the following information: a description of the copyrighted work that you claim has been infringed; a description of where the material you claim is infringing is located on the MIZANI MEDIA/MIZANI APPS Service; your address, telephone number, and email address; and a written statement by you stating that you have a good faith belief that the disputed use is not authorized by you, your agent, or the law; and a statement by you, made under penalty of perjury, that you own the claimed infringing material together with any evidence of such ownership. Please contact MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.

    at the following address:

    Attn: Copyright Infringement MIZANI MEDIA POST OFFICE BOX 398
    PALM SPRINGS , CA 92263

    12 Intellectual Property
    – Customer acknowledges that MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    owns all right, title and interest in and to the MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    Services, including without limitation all intellectual property rights (“MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    Rights”), and such MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    Rights are protected by U.S. and international intellectual property laws. The MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    Rights include rights to: (a) the MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    Services developed and provided by MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    and all trademarks and other intellectual property associated therewith; and (b) all software associated with the MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    Services. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    Services or any content placed on the MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    Services byMIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    or any third party.
    13 Disclaimer of WarrantiesMIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    does not monitor or control content sent through its facilities. Customer acknowledges and agrees that all use of the Services and information obtained through use of Services is at customer’s sole risk. Customer is solely responsible for any damage to Customer’s computer system or other device or loss of data that results from the use of Services. Customer acknowledge that the Services are provided on an “as is” and “as available” basis. To the extent permitted by applicable law, MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, provided to Customer by MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    or through or from the Services shall create any warranty. MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    does not warrant that (1) the Services will meet your requirements, (2) the Services will be uninterrupted, timely, secure or error-free, (3) the results may be obtained from the use of the Services will be accurate or reliable, (4) the quality of any products, services, information or other material purchased or obtained by Customer through the Services will meet your expectations, and (5) any errors in the Services will be corrected. MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    shall not be responsible for any delays, errors, loss of data, failure to perform, interruptions or disruptions in the Services caused by or resulting from acts of God, acts of third parties, omissions or conditions beyond MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP’S
    reasonable control.
    14 Limitation of Liability – You expressly understand and agree that MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service. Notwithstanding anything else in the Agreement to the contrary, the maximum aggregate liability of MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    and any of its employees, agents or affiliates, under any theory of law (including breach of contract, tort, strict liability, and infringement) shall be a payment of money not to exceed the amount payable by customer for three months of service. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, and in such jurisdictions,MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP’S
    liability shall be limited to the greatest extent permitted by law.
    15 Indemnification – Customer agrees to defend, indemnify, save and hold MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    , its directors, investors, employees, officers, attorneys, agents, affiliates, sponsors, subsidiaries, advertisers, partners and co-branders and their respective officers and employees harmless from and against any and all liabilities, causes of action, lawsuits, penalties, obligations, losses, damages, fines, punitive damages, amounts in interest, claims, demands, expenses and disbursements of any kind and natures whatsoever, including reasonable attorneys’ fees and court costs, (“Liabilities”) asserted against MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    , its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify, save and hold harmless MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    against Liabilities arising out of:
    any injury to person or property caused by any products sold or otherwise distributed in connection with MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP’S
    Server;
    any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
    copyright infringement;
    any defective product which Customer sold on
    MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    Server.
    16 MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    shall be the sole judge of what violates this Policy. The customer agrees to limit the liability of MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    to the amount paid for service.
    17 Governing Law and Choice of Venue – The Terms of Service and the relationship between you and MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    shall be governed by the laws of the State of Tennessee without regard to its conflict of law provisions. Customer agrees to submit to the personal and exclusive jurisdiction of the courts located within the County of Knox, Tennessee.
    18 Survival – All terms and conditions of this Agreement that should by their nature survive termination of this Agreement shall so survive.
    19 Sever-ability – In the event that any provision of this agreement is deemed invalid or unenforceable in court, such invalidity and un-enforceability shall not affect the validity of any other provisions of the agreement, and such invalid provision will be considered severed from the agreement. However, if the court finds that limiting such an invalid provision would make it valid and enforceable, then such provision shall be deemed to be written, interpreted and enforced as so limited. Such provision may be amended or replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the parties as reflected in the original provision.
    20 Cancellation – Customer may cancel his account at any time via the MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    website. The cancellation will take effect immediately and the Customer’s account will be immediately removed. All accounts must be paid in full before cancellation can be completed.
    21 Termination/SuspensionMIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    may suspend Services to Customer without notice and without liability at any time for any reason, including, but not limited to, (1) violations of the Agreement, (2) failure of Customer to cooperate with any reasonable investigation of any suspected violation of the Agreement, (3) as necessary to protect its network and its other customers, (4) default on payment, or (5) as requested by a law enforcement or regulatory agency. MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    may terminate this Agreement prior to expiration of the term without notice and without reason at any time for any reason, including, but not limited to, (1) upon ten (10) days notice if Customer is overdue on the payment of any amount due under the Agreement, (2) material violations of any other provision of the Agreement and failure to remedy the violation within thirty (30) days of a written notice from MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    describing the violation, or (3) upon one (1) days notice if Customer’s Service is used in violation of a material term of the Agreement more than once.
    22 No Waiver – The failure of MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
    23 No Agency – No part of this Agreement shall be interpreted as creating any agency, partnership or other form of joint enterprise between you and MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    .
    24 Force Majeure – MIZANI MEDIA/MIZANI APPS shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond MIZANI MEDIA/MIZANI APPS’S control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
    25 Notices – Notices to Customer shall be given via email. Notices to MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    under the Agreement shall be given via postal mail to MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    , Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. You agree that MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    may provide you with notices, including those regarding changes to the Agreement, by email, postal mail or via the MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    web site.
    26 Assignment – Customer may not transfer or assign this Agreement or your rights hereunder, without the express written consent of MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI I ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    . MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    may assign all or part of its rights, benefits, interest, obligations and liabilities in connection with all or parts of the Agreement to any party.
    27 No third party beneficiaries – Customer agrees that there shall be no third party beneficiaries to this agreement.”), a Delaware corporation, with respect to the matters covered hereby and govern your use of the MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    website, materials, products and services (collectively “Services”, superseding any prior discussions, negotiations and agreements between Customer and MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    (“the parties”) for the use ofMIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    Services and with respect to the subject matter hereof. By using the Services, Customer agrees to all of the provisions contained or referred to in this Agreement.
    MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP. reserves the right to update or change the Agreement, in whole or in part, at any time in its sole discretion without notice. Your continued use of the Services after such changes are posted to the web site also constitutes your acceptance of the changes. The Agreement may not be amended or modified by Customer except by means of a written document signed or expressly assented to by MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    Please consult this Agreement regularly. You can review the most current version of the Agreement at any time at: http://www.icloudwebservices.com


    1Services
    –agrees to provide to Customer the Services according to the plan selected by Customer upon submitting the order form and in exchange for payment of fees and full compliance with the Agreement. Customer agrees to be at least 18 years of age. Customer agrees to provide real, current and accurate information, including a valid and current email address, at all times. You are responsible for maintaining the confidentiality and security of your account and password. You are solely responsible for all activities that occur under your account and for any loss, theft or other destruction of any data as the result of any access to your account via the use of your account information, whether or not actually or expressly authorized by you. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction, including, but not limited to, copyright laws.
    2 IP Addresses – Internet Protocol addresses assigned or provided by MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    remain the property of MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    , and the right to use the IP addresses belongs solely to MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    .
    3 Term, Fees and Payment – The initial term of the Agreement shall begin on the date that MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    generates an email notification of Customer’s account activation. The term of the Agreement shall be one (1) month and will be automatically renewed each additional month beyond the expiration of the initial term subject to written cancellation by the Customer. Establishment of this service is contingent upon receipt of payment from Customer to MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    Subsequent payments are due on the anniversary date of the month for that month’s service, unless customer requests all monthly payments to be consolidated to one specific billing date. Fees for Service(s) ordered by Customer shall begin on the date of the initial order and that date shall serve as the monthly anniversary date for all future billings, including one-time fees, upgrades and additional services. Payment is due on the defined monthly recurring billing date of each month. Credit cards that are declined for any reason are subject to a $20.00 declination fee. Accounts that reach 7 days past due will be suspended and the Service will be interrupted. Service interrupted for non-payment is subject to a $50.00 reconnect charge. Accounts not paid by due date are subject to a $20.00 late fee. MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    . Currency exchange settlements will be based on agreements between Customer and the provider of Customer’s credit card. Upgrade Fees: Upgrades ordered on the billing anniversary date will be billed for a full month service and will continue each month on the anniversary date. Upgrades ordered after the normal anniversary billing date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing anniversary billing date. Additional Service Fees: Additional services ordered on the billing anniversary date will be billed for the full month service and will continue each month on the anniversary date. Additional services ordered after the normal anniversary billing date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing anniversary billing date. One Time Fees: One time fees, such as setup fees, administrative fees, bandwidth overages and late fees are due and payable at the time they are incurred, and agreed upon in writing or via ticket with approval. Cancellation: MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.
    requires a three (3) day written cancellation notice prior to the anniversary billing date for discontinuance or downgrades of month to month services. Failure to supply the requisite three (3) days written notice of cancellation will result in a full billable monthly cycle prior to cancellation. Notice of written cancellation is preferred through the control panel located at https://www.slamdot.com/login. Notice of cancellation can also be mailed to MIZANI MEDIA / MIZANI APPS / MIZANI PWA / MIZANI DESIGN LLC. MIZANI ONE WEB PLATFORM / MIZANI ICLOUD WEB SERVICES MIZANI PALM CANYON DRIVE MOBILE APP.

    , MIZANI MEDIA
    POST OFFICE BOX 398
    PALM SPRINGS , CA 92262

  • Local Listing Agreement 2017-2018

    This Local Listing Agreement (“Agreement”) is a legal agreement between Mizani Media / Mizani Apps LLC . (“Mizani Media / Mizani Apps LLC”, “us”, or “we”), a Delaware corporation, and the business by which the individual accepting this Agreement is employed or otherwise engaged (the “Customer” or “you”). Mizani Media / Mizani Apps LLC and Customer are each referred to herein as a “Party,” and collectively as the “Parties.” This Agreement, together with any other applicable terms and conditions referenced herein, governs in its entirety the relationship between Mizani Media / Mizani Apps LLC and the Customer in connection with the Products (as defined below) for which Customer has purchased a subscription.
    1. Products
    1.1 Product SubscriptionsMizani Media / Mizani Apps LLC offers its customers a subscription that includes various online products (each, a “Product”). Certain Products may involve distribution of Customer Content (as defined in Section 3.5) and/or other interactions with third parties (the “Partners”) that own or operate online business directories, search web sites, social media web sites, mobile apps or other online properties (the “Partner Sites”). Customer acknowledges and agrees that (i) all content submitted for any Product shall be subject to the Partners’ character limits, quality standards and other applicable content policies, and that any such content may be rejected, in whole or in part, by a Partner at any time in its sole discretion, or modified by Mizani Media / Mizani Apps LLC or the Partner at any time to comply with such policies, (ii) Mizani Media / Mizani Apps LLC does not guarantee that any content will be displayed on any Partner Site, and (iii) the appearance and/or location of any content placement may change at any time. Mizani Media / Mizani Apps LLC SHALL HAVE NO LIABILITY FOR THE AVAILABILITY OF OR ANY CHANGE IN THE PARTNER SITES, FOR ANY DECISION BY A PARTNER TO REJECT OR MODIFY ANY CONTENT SUBMITTED BY CUSTOMER, OR FOR ANY OTHER DECISION, CHANGE OR OTHER ACTION DESCRIBED IN CLAUSES (i), (ii) OR (iii) OF THE PRECEDING SENTENCE.
    1.2 Implementation at Customer’s RequestMizani Media / Mizani Apps LLC may from time to time, at the request of the Customer, assist Customer with the implementation of certain features that are a part of the Products. This may include interaction with the Customer’s website and webpages. Any such assistance provided by Mizani Media / Mizani Apps LLC is at the Customer’s own risk. Mizani Media / Mizani Apps LLC SHALL HAVE NO LIABILITY FOR THE AVAILABILITY OF OR ANY CHANGE IN THE CUSTOMER’S WEBSITE OR TO ANY CUSTOMER CONTENT OR OTHERWISE IN CONNECTION WITH SUCH ASSISTANCE.
    2. Fees and Payment
    2.1 Fees – By purchasing a subscription, you agree to any fee and payment terms that are described herein and/or during the online registration process. Any Product fees are exclusive of any sales or other taxes (other than taxes on Mizani Media / Mizani Apps LLC’s income).
    2.2 Provision of Credit Card Information; Payment Terms – You will be required to provide Mizani Media / Mizani Apps LLC with a valid credit card number upon registration for a subscription. You hereby warrant and represent that you have the authority to provide such credit card information to Mizani Media / Mizani Apps LLC and shall be responsible for all charges made thereto. Mizani Media / Mizani Apps LLC will bill your credit card in advance of each Billing Period (as defined below) for the fees incurred for such Billing Period, as well as for any outstanding balances. Your “Billing Period” will be specified by Mizani Media / Mizani Apps LLC at the time of registration, though Mizani Media / Mizani Apps LLC reserves the right to change the term of future Billing Periods at any time. Any and all late payments shall accrue interest at the rate of one and one half percent (1.5%) per month (or the highest rate permitted by law, whichever is less). In addition, you are responsible for paying any reasonable expenses and attorneys’ fees that Mizani Media / Mizani Apps LLC incurs in connection with collecting late amounts.
    2.3 Automatic RenewalMizani Media / Mizani Apps LLC WILL AUTOMATICALLY RENEW EACH OF YOUR PRODUCT SUBSCRIPTIONS AND CHARGE YOUR CREDIT CARD AT THE BEGINNING OF EACH SUBSCRIPTION RENEWAL PERIOD, SO LONG AS YOUR SUBSCRIPTION HAS NOT BEEN CANCELLED. The automatic charge to your credit card will occur at the commencement of each subscription renewal. You acknowledge that the amount billed each year may vary for reasons such as promotional rates no longer being applied, changes in your subscription (for example, changes in the number of your locations under your subscription), changes in the amount of applicable sales tax or other reasons; and you authorize us to charge your credit card for such varying amounts. Mizani Media / Mizani Apps LLC may also periodically preauthorize your credit card in anticipation of account or related charges.
    3. Use of the Products
    3.1 LicenseMizani Media / Mizani Apps LLC hereby grants Customer a limited, non-exclusive, non-transferable right and license to access and use the Products solely in connection with Customer’s legitimate business needs. This license will terminate in the event the applicable subscription is not renewed or this Agreement is terminated pursuant to Section 4, in which case Customer will immediately cease any further use of the Products.
    3.2 Ownership – The Products are the copyrighted works of Mizani Media / Mizani Apps LLC and/or its various third party licensors and partners.
    3.3 Trademarks – The trademarks, service marks, logos and any designs used or displayed on the Products or any Mizani Media / Mizani Apps LLC owned webpage are trademarks and/or service marks owned by Mizani Media / Mizani Apps LLC or its licensors. Nothing in this Agreement shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mizani Media / Mizani Apps LLC trademark displayed on the Products or any Mizani Media / Mizani Apps LLC owned webpage or website without Mizani Media / Mizani Apps LLC’s prior written permission in each instance. The appearance of any third-party trademarks does not in any way imply any connection, license, approval or other such relationship of any kind with such third party.
    3.4 Usage Restrictions – Customer’s use of the Products is limited solely to those rights granted in Section 3.1. Customer shall not copy, prepare derivative works, decompile or reverse engineer the Products. Customer will not remove any trademark, copyright, or other proprietary rights notices which appears on the Products. In addition, Customer will not use the Products for any unlawful or fraudulent purpose including, but not limited to: (a) impersonating any person or entity, (b) harvesting or collecting any personal information in violation of applicable law or (c) promoting any product, service or business that is unethical, obscene or in violation of any applicable law or regulation.
    3.5 License to Customer Content – Customer hereby grants Mizani Media / Mizani Apps LLC a non-exclusive, worldwide, paid-up, royalty-free, transferable (in the event of a sale or other change of control of S Mizani Media / Mizani Apps LLC’s business), perpetual, irrevocable right and license to use, copy, publish, distribute, syndicate, reformat and update (for example, to improve accuracy and/or standardize formats) any and all listing content and other content that is provided by or on behalf of you in connection with your use of the Products (“Customer Content”). Mizani Media / Mizani Apps LLC may sublicense this right to any Partners and other online partners. This license will survive any termination or expiration of this Agreement.
    4. Term and Termination
    4.1 Term – This Agreement is effective as of the date you register for a subscription and shall remain in full force and effect until terminated by either party in accordance with this Section 4.
    4.2 Termination for Convenience – Either Party may terminate this Agreement and disconnect some or all of the Services at any time for convenience upon notice to the other Party (which may be provided by email).
    4.3 Survival – Upon any termination or expiration of this Agreement, Customer will pay Mizani Media / Mizani Apps LLC any fees due and payable prior to the effective date of such expiration or termination. The following provisions shall survive any termination of this Agreement: Section 3.5 (“License to Customer Content”), this Section 4.3 (“Survival”), Section 5 (“Disclaimer and Limitation of Liability”), Section 6 (“Indemnification”), Section 7 (“Representations and Warranties”), Section 8 (“Special Terms for Mizani Media / Mizani Apps LLC Social Product”) (to the extent applicable) and Section 9 (“General Provisions”).
    5. Disclaimer and Limitation of Liability
    THE PRODUCTS AND ANY SERVICES PROVIDED BY MIZANI MEDIA /MIZANI APPS IN CONNECTION WITH THIS AGREEMENT ARE SUPPLIED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT UNDER APPLICABLE LAW, MIZANI MEDIA /MIZANI APPS MAKES NO, AND DISCLAIMS ALL, WARRANTIES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT), GUARANTEES, AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, ORAL OR OTHERWISE. THE MIZANI MEDIA /MIZANI APPS PRODUCTS AND MIZANI MEDIA /MIZANI APPS WEBSITE, AND OTHER WEBSITES, DATABASES AND/OR THIRD PARTY PROGRAMS CONTAINED WITHIN THE PRODUCTS, MAY CONTAIN BUGS, ERRORS, PROBLEMS AND/OR OTHER LIMITATIONS. MIZANI MEDIA /MIZANI APPS HAS NO LIABILITY, WHATSOEVER, TO YOU OR ANY THIRD PARTY, FOR ANY CHANGES MADE TO THE CUSTOMER CONTENT OR TO THE YOUR WEBPAGE OR WEBSITE AS A RESULT OF MIZANI MEDIA /MIZANI APPS’S ASSISTANCE IN IMPLEMENTING ANY PRODUCT FEATURES, ANY OTHER PARTY’S SECURITY METHODS AND PRIVACY PROTECTION PROCEDURES AND/OR ANY PARTY’S USE OF, OR INABILITY TO USE, MIZANI MEDIA /MIZANI APPS WEBSITES, DATABASES AND/OR PROGRAMS. MIZANI MEDIA /MIZANI APPS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, THAT ANY OTHER PARTY’S SECURITY METHODS, PRIVACY PROTECTION PROCEDURES AND/OR ANY PARTY’S USE OF MIZANI MEDIA /MIZANI APPS’S WEBSITE, DATABASES AND/OR PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE. IN NO EVENT SHALL MIZANI MEDIA /MIZANI APPS OR ANY PARTNER BE RESPONSIBLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOST REVENUE OR PROFITS, EVEN IF MIZANI MEDIA /MIZANI APPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MIZANI MEDIA /MIZANI APPS WILL NOT BE LIABLE, OR CONSIDERED IN BREACH OF THE AGREEMENT, ON ACCOUNT OF A DELAY OR FAILURE TO PERFORM UNDER THE AGREEMENT, AS A RESULT OF CAUSES OR CONDITIONS THAT ARE BEYOND MIZANI MEDIA /MIZANI APPS’S CONTROL. IN ADDITION, AND NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, MIZANI MEDIA /MIZANI APPS’S LIABILITY UNDER ANY CAUSE OF ACTION ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT OR OTHERWISE SHALL BE LIMITED TO $500. To the extent any liability of MIZANI MEDIA /MIZANI APPS cannot be disclaimed, excluded or limited under applicable law, such liability shall be disclaimed, excluded and limited to the fullest extent permitted under applicable law.
    6. Indemnification
    Customer will defend, indemnify, and hold harmless, Mizani Media / Mizani Apps , its third party licensors and Partners, and its affiliates, and each of its and their respective officers, directors, members, managers, employees, sublicensees, contractors and agents (collectively, “Indemnified Parties”) from and against any and all claims, actions, losses, liability, damages, fines, costs, and expenses (including reasonable attorney’s fees and expenses) arising from or related to: (a) any breach of the Agreement by you (including, but not limited to, any representations and warranties made herein); (b) any violation of any law or regulation arising from or in connection with your subscription; (c) any allegation arising from or relating to any Customer Content, including, but not limited to, any allegation that any Customer Content infringes or otherwise violates any trademark, trade name, service mark, copyright, license, trade secret, right of privacy or publicity or other intellectual property or proprietary right of any third party, constitutes false advertising, is defamatory and/or is in violation of any law or regulation; (d) any claim by any third party related to you or your products, services, webpages, websites or business; and/or (e) any third party dispute with you, including, without limitation, any injury suffered by a third party at your place of business or any other related issue.
    7. Representations and Warranties
    You represent, warrant and covenant that at all times during the term of this Agreement:
    the individual accepting this Agreement is authorized to act on behalf of you and to bind you to this Agreement;
    you have the full power and authority to conduct your business, to enter into this Agreement, and to perform your obligations under this Agreement;
    your execution, delivery and performance of this Agreement will not conflict with or violate: (i) any provision of law, rule or regulation to which you are subject; (ii) any order, judgment or decree applicable to you; (iii) any provision of your organizational documents; or (iv) any agreement or other instrument applicable to you; and
    you will comply with all applicable federal, state and local laws, rules, regulations, court orders, judgments and decrees.
    8. Special Terms for MIZANI MEDIA /MIZANI APPS Social Product
    Customer may be required by certain Partners for the “Social” Product (for example, Facebook) to agree to such Partners’ terms and conditions or other policies regarding use of such applicable Partner Sites (collectively, the “Social Partner Terms”). In such event, Customer hereby agrees to comply with (and to ensure that all Customer Content provided to MIZANI MEDIA /MIZANI APPS in connection with the applicable Product complies with) all Social Partner Terms. Any actual or alleged failure of Customer, or of any Customer Content, to comply with any Social Partner Terms will constitute a material breach of this Agreement. In addition to Customer’s indemnity obligations set forth elsewhere in the Master Agreement, Customer will defend, indemnify and hold harmless the Indemnified Parties from and against any and all claims actions, losses, liability, damages, fines, costs, and expenses (including reasonable attorney’s fees and expenses) arising from or relating to any asserted breach of any Social Partner Terms by Customer and/or the Customer Content.
    9. General Provisions
    9.1 Confidentiality – You may not disclose the terms or conditions of this Agreement any third party, except to your professional advisors under a strict duty of confidentiality or as necessary to comply with applicable laws or regulations.
    9.2 Promotional Materials – During the term of this Agreement, MIZANI MEDIA /MIZANI APPS may use Customer’s name and logo for the purpose of referring to Customer as a MIZANI MEDIA /MIZANI APPS customer on MIZANI MEDIA /MIZANI APPS’s website and in its other promotional materials.
    9.3 Policies – Customer’s participation in any subscription shall be subject to all applicable MIZANI MEDIA /MIZANI APPS policies including, without limitation, the Privacy Policies posted on any Web Site on which Customer listings are published, and any applicable Web Site specification requirements (collectively, “Policies”). The Policies may be modified by MIZANI MEDIA /MIZANI APPS at any time. The latest Policies can be found on any of MIZANI MEDIA /MIZANI APPS’s websites. You should review the Policies regularly. By your continued participation in a Product subscription, you agree to all of the associated terms and conditions contained within the Policies effective at that time.
    9.4 Force Majeure – In the event that either Party is prevented from performing, or is unable to perform, any of its obligations under this Agreement due to any cause beyond the reasonable control of the Party invoking this provision, the affected Party’s performance shall be excused and the time for performance shall be extended for the period of delay or inability to perform due to such occurrence.
    9.5 Waiver – The waiver by either Party of a breach or a default of any provision of this Agreement by the other Party shall not be construed as a waiver of any succeeding breach of the same or any other provision, nor shall any delay or omission on the part of either Party to exercise or avail itself of any right, power or privilege that it has, or may have hereunder, operate as a waiver of any right, power or privilege by such Party.
    9.6 No Agency; Independent Contractors – Nothing contained in this Agreement shall be deemed to imply or constitute either Party as the agent or representative of the other Party, or both Parties as joint venturers or partners for any purpose.
    9.7 Governing Law and Forum – This Agreement, and any disputes arising directly or indirectly from this Agreement, shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its choice of law provisions. Each of the Parties hereby irrevocably consents and submits to the exclusive jurisdiction of the state and federal courts located in Knox County, Tennessee for any such disputes, and hereby irrevocably waives any objections to the laying of venue in such courts.
    9.8 Entire Agreement; Amendment – This Agreement (together with any other applicable terms and conditions referenced herein) constitutes the entire agreement between the Parties with regard to the subject matter hereof. MIZANI MEDIA /MIZANI APPS t may modify the terms of this Agreement at any time without liability, and your use of the Products after notice that the terms of this Agreement have changed constitutes your acceptance of the new terms.
    9.9 Headings – Captions and headings contained in this Agreement have been included for ease of reference and convenience and shall not be considered in interpreting or construing this Agreement.
    9.10 Costs, Expenses and Attorneys’ Fees – If either Party commences any action or proceeding against the other Party to enforce or interpret this Agreement, the prevailing Party in such action or proceeding shall be entitled to recover from the other Party the actual costs, expenses and reasonable attorneys’ fees (including all related costs and expenses), incurred by such prevailing Party in connection with such action or proceeding and in connection with obtaining and enforcing any judgment or order thereby obtained.
Open all Close all