Agreement to terms of service
agreement made between you, whether personally or on behalf of an entity (“you”) and Cognidna
Inc. ("Company", “we”, “us”, or
“our”), concerning your access to and use of the http://www.cognidna.com website as well as any other media form, media channel,
mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the
“Site”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of
FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may
be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve
for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of
Use, and you waive any right to receive specific notice of each such change. It is your responsibility to
The information provided on the Site is not intended for
distribution to or use by any person or entity in any jurisdiction or country where such distribution or use
would be contrary to law or regulation or which would subject us to any registration requirement within such
jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so
on their own initiative and are solely responsible for compliance with local laws, if and to the extent
local laws are applicable.
The Site is not tailored to comply with
industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal
Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws,
you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act
The Site is intended for users who are at least 18 years
old. Persons under the age of 18 are not permitted to use or register for the Site.
Intellectual property rights
Unless otherwise indicated, the Site is our proprietary
property and all source code, databases, functionality, software, website designs, audio, video, text,
photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and
logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by
copyright and trademark laws and various other intellectual property rights and unfair competition laws of
the United States, international copyright laws, and international conventions. The Content and the Marks
are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in
republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written
Provided that you are eligible to use the Site, you are
granted a limited license to access and use the Site and to download or print a copy of any portion of the
Content to which you have properly gained access solely for your personal, non-commercial use. We reserve
all rights not expressly granted to you in and to the Site, the Content and the Marks.
By using the Site, you represent and warrant
not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated
or non-human means, whether through a bot, script or otherwise; (4) you will not use the Site for any
illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or
If you provide any information that is untrue,
inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse
any and all current or future use of the Site (or any portion thereof).
Fees and payment
We accept the following forms of payment:
You may be required to purchase or pay a fee to access
some of our services. You agree to provide current, complete, and accurate purchase and account information
for all purchases made via the Site. You further agree to promptly update account and payment information,
including email address, payment method, and payment card expiration date, so that we can complete your
transactions and contact you as needed. We bill you through an online billing account for purchases made via
the Site. Sales tax will be added to the price of purchases as deemed required by us. We may change prices
at any time. All payments shall be in U.S. dollars.
You agree to pay all charges or fees at the prices then
in effect for your purchases, and you authorize us to charge your chosen payment provider for any such
amounts upon making your purchase.
We reserve the right to correct any errors or mistakes
in pricing, even if we have already requested or received payment. We also reserve the right to refuse any
order placed through the Site.
All purchases are non-refundable. You can cancel
your subscription at any time by contacting us using the contact information provided below. Your
cancellation will take effect at the end of the current paid term.
If you are unsatisfied with our services, please email
us at email@example.com or call us at (US)(628) 222-3926.
You may not access or use the Site for any purpose other
than that for which we make the Site available. The Site may not be used in connection with any commercial
endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other
content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or
directory without written permission from us.
2. Make any unauthorized use of the Site,
including collecting usernames and/or email addresses of users by electronic or other means for the purpose
of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
3. Use a buying agent or purchasing agent to
make purchases on the Site.
4. Use the Site to advertise or offer to sell
goods and services.
5. Circumvent, disable, or otherwise
interfere with security-related features of the Site, including features that prevent or restrict the use or
copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
6. Engage in unauthorized framing of or
linking to the Site.
7. Trick, defraud, or mislead us and other
users, especially in any attempt to learn sensitive account information such as user
passwords.8. Make improper use of our support services or submit false reports of abuse or
9. Engage in any automated use of the system,
such as using scripts to send comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools.
10. Interfere with, disrupt, or create an
undue burden on the Site or the networks or services connected to the Site.
11. Attempt to impersonate another user or
person or use the username of another user.
12. Sell or otherwise transfer your profile.
13. Use any information obtained from the
Site in order to harass, abuse, or harm another person.
14. Use the Site as part of any effort to
compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or
15. Decipher, decompile, disassemble, or
reverse engineer any of the software comprising or in any way making up a part of the Site.
16. Attempt to bypass any measures of the
Site designed to prevent or restrict access to the Site, or any portion of the Site.
17. Harass, annoy, intimidate, or threaten
any of our employees or agents engaged in providing any portion of the Site to you.
18. Delete the copyright or other proprietary
rights notice from any Content.
19. Copy or adapt the Site’s software,
20. Upload or transmit (or attempt to upload
or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and
spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and
enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features,
functions, operation, or maintenance of the Site.
21. Upload or transmit (or attempt to upload
or to transmit) any material that acts as a passive or active information collection or transmission
mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs,
cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or
22. Disparage, tarnish, or otherwise harm, in
our opinion, us and/or the Site.
23. Except as may be the result of standard
search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including
without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or
using or launching any unauthorized script or other software.24. Use the Site in a manner
inconsistent with any applicable laws or regulations.
User generated contributions
The Site does not offer users to submit or post content.
We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish,
distribute, or broadcast content and materials to us or on the Site, including but not limited to text,
writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other
material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and
through third-party websites. As such, any Contributions you transmit may be treated in accordance with the
1. The creation, distribution, transmission,
public display, or performance, and the accessing, downloading, or copying of your Contributions do not and
will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark,
trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the
necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and
other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of
3. You have the written consent, release, and/or
permission of each and every identifiable individual person in your Contributions to use the name or
likeness of each and every such identifiable individual person to enable inclusion and use of your
4. Your Contributions are not false, inaccurate,
5. Your Contributions are not unsolicited or
unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or
other forms of solicitation.
6. Your Contributions are not obscene, lewd,
lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by
7. Your Contributions do not ridicule, mock,
disparage, intimidate, or abuse anyone.
8. Your Contributions do not advocate the violent
overthrow of any government or incite, encourage, or threaten physical harm against another.
9. Your Contributions do not violate any
applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy
or publicity rights of any third party.
11. Your Contributions do not contain any material
that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in
a sexual or violent manner.
12. Your Contributions do not violate any
applicable law concerning child pornography, or otherwise intended to protect the health or well-being of
13. Your Contributions do not include any
offensive comments that are connected to race, national origin, gender, sexual preference, or physical
14. Your Contributions do not otherwise violate,
Any use of the Site in violation of the foregoing
to use the Site.
You and the Site agree that we may access, store,
process, and use any information and personal data that you provide following the terms of the Privacy
Policy and your choices (including settings).
By submitting suggestions or other feedback regarding
the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions.
You retain full ownership of all of your Contributions and any intellectual property rights or other
proprietary rights associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the Site. You are solely responsible
for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility
and to refrain from any legal action against us regarding your Contributions.
You acknowledge and agree that any questions, comments,
suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us
are non-confidential and shall become our sole property. We shall own exclusive rights, including all
intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these
Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions
are original with you or that you have the right to submit such Submissions. You agree there shall be no
recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in
Third-party websites and content
The Site may contain (or you may be sent via the Site)
links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures,
designs, music, sound, video, information, applications, software, and other content or items belonging to
or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content
are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are
not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on,
available through, or installed from the Site, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the
Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party
Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to
leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so
applicable terms and policies, including privacy and data gathering practices, of any website to which you
navigate from the Site or relating to any applications you use or install from the Site. Any purchases you
make through Third-Party Websites will be through other websites and from other companies, and we take no
responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable
third party. You agree and acknowledge that we do not endorse the products or services offered on
Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products
or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you
relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
U.S. government rights
Our services are “commercial items” as defined in
Federal Acquisition Regulation (“FAR”) 2.101. If our services are acquired by or on behalf of any agency not
accordance with FAR 12.212 (for computer software) and FAR 12.211 (for technical data). If our services are
acquired by or on behalf of any agency within the Department of Defense, our services are subject to the
In addition, DFARS 252.227‑7015 applies to technical data acquired by the DOD. This U.S. Government Rights
clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses
We reserve the right, but not the obligation, to: (1)
user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict
access to, limit the availability of, or disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or
liability, to remove from the Site or otherwise disable all files and content that are excessive in size or
are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect
our rights and property and to facilitate the proper functioning of the Site.
We care about data privacy and security. Please review
in the United States. If you access the Site from any other region of the world with laws or other
requirements governing personal data collection, use, or disclosure that differ from applicable laws
in the United States, then through your continued use of the Site, you are transferring your
data to the United States, and you agree to have your data transferred to and processed
in the United States.
Term and termination
IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING
BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION
LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason,
you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or
the name of any third party, even if you may be acting on behalf of the third party. In addition to
terminating or suspending your account, we reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive redress.
Modifications and interruptions
We reserve the right to change, modify, or remove the
contents of the Site at any time or for any reason at our sole discretion without notice. However, we have
no obligation to update any information on our Site. We also reserve the right to modify or discontinue all
or part of the Site without notice at any time. We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all
times. We may experience hardware, software, or other problems or need to perform maintenance related to the
Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update,
suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You
agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability
will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or
releases in connection therewith.
by and construed in accordance with the laws of the State of California applicable to
agreements made and to be entirely performed within the State of California, without regard to its
conflict of law principles.
Any legal action of whatever nature brought by either
you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in
the state and federal courts located in San Mateo, California, and the Parties hereby
consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to
venue and jurisdiction in such state and federal courts. Application of the United Nations Convention
on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act
brought by either Party related in any way to the Site be commenced more than one (1) years
after the cause of action arose.
There may be information on the Site that contains
typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various
other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or
update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS.
YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS
OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY
OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD
PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED
OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT
AND EXERCISE CAUTION WHERE APPROPRIATE.
The information provided by Cognidna
Inc. (“we,” “us” or “our”) on http://www.cognidna.com (the “Site”) is for general informational
purposes only. All information on the Site is provided in good faith, however we make no
representation or warranty of any kind, express or implied, regarding the accuracy, adequacy,
validity, reliability, availability or completeness of any information on the Site. UNDER NO
CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE. YOUR USE OF
THE SITE AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK.
External links disclaimer
The Site may contain (or you may be sent
through the Site) links to other websites or content belonging to or originating from third
parties or links to websites and features in banners or other advertising. Such external links are not
investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or
completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY
OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY
WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY
BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR
The Site cannot and does not
contain medical/health advice. The medical/health information is provided for
general informational and educational purposes only and is not a substitute for professional advice.
Accordingly, before taking any actions based upon such information, we encourage you to consult with
the appropriate professionals. We do not provide any kind of medical/health advice. THE USE
OR RELIANCE OF ANY INFORMATION CONTAINED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
Limitations of liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING
FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY
CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT
PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless,
including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees,
from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and
expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these
your violation of the rights of a third party, including but not limited to intellectual property rights; or
(5) any overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and
control of any matter for which you are required to indemnify us, and you agree to cooperate, at your
expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the
Site for the purpose of managing the performance of the Site, as well as data relating to your use of the
Site. Although we perform regular routine backups of data, you are solely responsible for all data that you
transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no
liability to you for any loss or corruption of any such data, and you hereby waive any right of action
against us arising from any such loss or corruption of such data.
Electronic communications, transactions, and signatures
Visiting the Site, sending us emails, and
completing online forms constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and other communications we provide
to you electronically, via email and on the Site, satisfy any legal requirement that such communication be
in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND
TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA
THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or
other laws in any jurisdiction which require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of credits by any means other than electronic means.
California users and residents
If any complaint with us is not satisfactorily resolved,
you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California
95834 or by telephone at (800) 952-5210 or (916) 445-1254.
posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between
by law. We may assign any or all of our rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our
unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these
joint venture, partnership, employment or agency relationship created between you and us as a result of
virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic