legal

Software Terms of Service

SOFTWARE TERMS OF SERVICE

1. Introduction

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. TO USE THE SERVICE AND THE APPLICATION, YOU MUST FIRST ACCEPT THE TERMS OF SERVICE BY ELECTRONICALLY CHECKING THE BOX MARKED “I ACCEPT” OR ACCESSING OR DOWNLOADING THE CONCORD APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE OR APPLICATION. BY ACCEPTING THESE TERMS OF SERVICE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT.

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

These terms and conditions, including the Software Privacy Policy (collectively, the “Terms”) govern you, the user’s, (“You” or “Your”) use of the Concord services which are provided to you via Concord applications or the Concord website (collectively the “Service”) by Concord Technologies Inc. (“Concord” or “We” or “us”). These Terms and the Software Privacy Policy constitute the entire agreement between You and Concord regarding your access and use of the Service. You agree to these Terms and the Software Privacy Policy by clicking “I Accept” or accessing or downloading the Concord application.

We may modify these Terms or the Privacy Policy from time to time. We will provide you with notice via the email address You provide us within the Service or when you login to the Service. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on these Terms. Your continued use of the Service after we notify you of modifications will constitute your acceptance of and agreement of those modifications.

2. Use of the Service

The Service is designed to allow You to control Your privacy preferences when interacting with third-party consumer services or companies (“Company” or “Companies”).

  • Use. To use the Service, you may be required to create a profile and provide personal information, such as demographics, contact information, preferences, hobbies, interests, or other data (“Your Information”). You may provide Your Information to a Company by allowing a Company access to Your Information through the features of the Service. You may revoke access to Your Information to specific Companies or to all Companies by using the consent features of the Service. We may provide you with points, credits, coupons, or other value in exchange for sharing Your Information with us or with a Company (“Points”), subject to Section 3 and any descriptions or calculations provided to you when you share Your Information in exchange for Points.  You may only create one profile account and are prohibited from creating duplicate accounts or fake accounts. You are required to provide truthful, accurate information in your profile.
  • Compliance Features. The Service may allow you to manage your privacy requests with respect to certain participating Companies. Within the Service, you may be able to send a data deletion, modification, or portability request to certain participating Companies (“Privacy Rights Request”). When you send a Privacy Rights Request, we will confirm your identity and provide that confirmation to the Company along with the Privacy Rights Request. Once we send a Privacy Rights Request to a Company, the Company is responsible for responding to the Privacy Rights Request in accordance with applicable law. We are not responsible for how a Company responds to your Privacy Rights Request, including any delays, denials, failure to respond, or failure to meet any legal or regulatory requirements. For clarity, a Privacy Rights Request only sends a request to the Company you select. Concord will not delete, modify, or deliver any personal information to you in response to a Privacy Rights Request. To manage your privacy preferences, or exercise privacy rights with Concord, you must follow the process specified in our Software Privacy Policy.
  • Company Site Plugins. The Service may be made available as a plugin on a Company website or in a Company application.  If you choose to use the Service made available on the Company website or application, you may share Your Information with Concord and the Company. Once you allow sharing within the plugin, Your Information will be shared with the Company and will be subject to the Company’s privacy policy and terms and conditions. We are not responsible for the Company’s privacy policy, privacy practices, or failure to comply with applicable law. Please read the Company’s privacy policy and terms of service to determine how the Company collects, processes, uses, transfers, and shares Your Information before you share Your Information with the Company.
  • Licenses. Subject to your compliance with these Terms, Concord grants you a limited, non-exclusive, and nontransferable license to: (i) download, install, and use the Service for your personal, non-commercial use; (ii) access and use the Service and the content made available within the Service in accordance with these Terms.  You acknowledge and agree that the Service is provided to you under a license and not sold to you. You do not acquire any ownership interest in the Service or any other rights thereto other than to use the Service in accordance with the license granted and subject to these Terms. Concord and its licensors and service providers reserve and shall retain all right, title, and interest in and to the Service, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
  • Restrictions. Your use of the Service is subject to restrictions, and you agree not to: (i) copy the Service, or elements thereof, (ii) reproduce, modify, translate, adapt, or otherwise create derivative works or improvements, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Service, (iii) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Service or any element thereof, (iv) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Service, including any copy thereof, (v) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Service, or any features or functionality of the Service, to any third party for any reason, including by making the Service available on a network where it is capable of being accessed by more than one device at any time, (vi) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Service, (vii) share your account with any third party, (viii)  upload viruses or malicious code or do anything that could disable, overburden, or impair the function of the Service, (ix) access the Service to collect data about any individual or feature, (x) provide any information that is unlawful, misleading, discriminatory, or fraudulent, (xi) link to, mirror or frame any portion of the Service, (xii) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service or unduly burdening or hindering the operation and/or functionality of any aspect of the Service, or (xiii) attempt to gain unauthorized access to or impair any aspect of the Service or its related systems or networks.
  • Updates. Concord may, from time to time in its sole discretion, develop and provide Service updates which may include upgrades, bug fixes, patches, other error corrections, or new features (collectively, including related documentation, “Updates”). Updates may be automatically installed, or you may be prompted to download and install Updates. Updates may modify or delete certain features, elements, or functionality of the Service. Concord has no obligation to provide any Updates or to continue to provide or enable any features or functionality. You acknowledge and agree that the Service or portions thereof may not properly operate should you fail to download or install Updates. All Updates will be deemed part of the Service and are subject to these Terms.

3. Points Program

The Service may allow you to earn Points which are redeemable in exchange for sharing Your Information with Companies or Concord, subject to the following terms:

  • Earning and Redeeming Points. In order to accumulate Points, you must (i) create a profile account within the Service with your first name, last name, email address, and mobile phone number, (ii) respond to Company or Concord inquiries with accurate information, (iii) reside in the United States and be at least 18 years of age or older. You may only have one profile account. You may accumulate Points by answering questions or taking other actions within the Service (“Accumulated Points”). Accumulated Points may not be Redeemed. Points may only be Redeemed when they are earned. A Point is “Earned” ninety-days after the date that you answered a question or took such other action to accumulate a Point so long as you have not rescinded your consent with respect to Your Information associated with the Accumulated Point within that ninety day period. If you rescind your consent with respect to Your Information associated with any Accumulated Point, that Accumulated Point will be revoked and removed from your account and may not become an Earned Point. Earned Points may be converted into gift cards, coupons, or other items in accordance with our current conversion terms that can be found in the Service. Where stated, Earned Points may be accumulated and redeemed for Amazon Gift Cards, Company coupons, Company loyalty points, or other items (“Redeem” or “Redeemed”). Earned Points may only be Redeemed in minimum increments, as determined by Concord, and we may require you to accumulate a minimum amount of Points before you may Redeem any Points. Earned Points will only be Redeemed in round numbers. You may be allowed to Redeem Earned Points through affiliates by purchasing goods or services on affiliate sites with Earned Points. Additional terms and conditions may apply to affiliate purchases; we will make any such additional terms available to you. If you Redeem Earned Points for Amazon Gift Cards, such gift card is subject to Amazon’s Gift Card Terms and Conditions. Once Earned Points are Redeemed for Amazon Gift Cards, these Terms no longer apply, and the Amazon Gift Card Terms and Conditions apply. If Earned Points are Redeemed for coupons, the Company’s terms and conditions (including terms related to validity, exclusions, expirations or other conditions) will apply to the coupon when Redeemed and these Terms will no longer apply. Other terms and conditions may apply to gift cards, coupons, or other items and we will make those terms and conditions available to you if applicable.
  • Fees. There is no participation fee or membership fee associated with accumulating or earning Points. Points are promotional, have no cash value, and cannot be redeemed for cash.
  • Identity Verification. Concord may request information from you to confirm your identity before we will allow you to Redeem Points. Concord may delay or deny Redemption of Points if we cannot verify your identity, in our sole discretion.
  • Forfeiture and Expiration. You must be an active user with a profile in order to accumulate and Earn Points. If you are inactive for a period of 12 months or more (as determined by us), or if you terminate your account or we terminate your account, all Accumulated Points and Earned Points will be immediately forfeited and will not be reinstated if you reactivate your account.  You must Redeem Earned Points within 24 months of earning the Point. Points which are Earned but not Redeemed will expire on the date 24 months from the date in which the Points were Earned. Concord may cancel or suspend your account within the Service at any time with immediate effect, with or without notice, for any reason and in the Concord's sole discretion including, without limitation, if: (i) you violate these Terms or applicable law; (ii) you create multiple accounts or profiles; (iii) you provide inaccurate, false or fraudulent information to Concord or a Company; (iv) you become inactive for a period of 12 months or more; (v) you file for bankruptcy; (vi) you try to circumvent any security feature of the Service or otherwise pose a security risk. If Concord terminates your account for any reason, you may not create another account.
  • Transfer of Points. Points are nontransferable and non-assignable. Upon death, all Points are forfeited. Neither Accumulated nor Earned Points constitute your property. Accumulated or Earned Points are not transferable by upon death, as part of a domestic relations matter, or otherwise. You may not barter or sell Accumulated Points or Earned Points for cash or other consideration.
  • Taxes. Points may be subject to tax liability.  Any tax liability, including disclosure, connected with the accumulation, redemption or earning of Points is your sole responsibility.
  • Modification or Cancellation of Points Program. Concord may cancel the Points program for any reason, and all Accumulated Points and Earned Points will be forfeited and you will no longer be able to participate in the Points program.  Points have no cash value and neither Concord nor the Company will be required to compensate or pay cash for any forfeited or unused Points. We may change, limit, or modify the Points program or the terms applicable to the Points program at any time, with or without notice, even though such changes may affect your ability to Earn or Redeem Points, or the conversion of Points into gift cards, affiliate points, coupons, or other goods or services.  A Company may discontinue their participation in the Points program at any time, with or without notice, and may cancel Accumulated or Earned Points associated with that Company. In such case, any Accumulated or Earned Points associated with that Company will be canceled.  Concord may, among other things: (i) increase or decrease the number of Points which may be Earned or Redeemed or how such Points are Earned or Redeemed; (ii) withdraw, limit, modify or cancel any Points or features related to the Points, including expiration of Points; (iii) add limitations or otherwise restrict the continued availability of gift cards; (iv) change program benefits, conditions of participation, rules for accumulating, converting, earning, redeeming, retaining, or forfeiting Points, or rules governing the use of Points.  In accumulating Points, you may not rely upon the continued availability of the gift card, coupon, loyalty point, or other item.
  • Disclaimers Applicable to Points. The Points program may be unavailable, inaccurate, or interrupted from time to time for a variety of reasons. Concord is not responsible for any unavailability, interruptions, or errors of the Points program or its features. The Points program and all the information accessible through it are provided for information purposes only on an “as is” and “as available” basis. We, our information providers and their agents make no warranties, representations, or guarantees of any kind, express or implied, including but not limited to, accuracy, currency, or completeness of the operation of the Points program. Except as expressly set forth herein, to the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
  • Nothing contained in these Terms will limit Concord’s exercise of any legal or equitable rights or remedies..

4. Terms & Termination

These Terms commence on when you accept these Terms by downloading and installing or accessing the Service or clicking “I Accept” and will continue in effect until your account is terminated by you or Concord as set forth in this Section. You may terminate your account by deleting the Service and all copies thereof from your devices or by sending us a cancellation notice within the Service. Concord may terminate your account at any time without notice, including upon your violation of any of the terms of these Terms or as stated in Section 2(f). Upon termination, (a) all rights granted to you pursuant to these Terms will also terminate, (b) you must cease all use of the Service and delete all copies of the Service, and (c) any Accumulated Points or Earned Points will be forfeited in accordance with Section 2. Termination will not limit any of Company's rights or remedies at law or in equity.

5. Third-Party Materials

The Service may display, include, or make available third-party content (including data, information, applications, or other products, services or materials) or provide links to third-party websites or services, including through third-party advertising or Company materials or information (“Third-Party Materials”). You acknowledge and agree that Concord is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Concord does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

6. Disclaimer of Warranties

THE SERVICE IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CONCORD, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, CONCORD PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, BE ERROR-FREE, BE SAFE, BE SECURE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

7. Limitation of Liabilities

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CONCORD OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE OR FOR ANY: (A) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, OR (B) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED $100.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN CERTAIN CASES, IN SUCH STATES OR JURISDICTIONS, CONCORD’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THIS PROVISION SHALL HAVE NO EFFECT ON CONCORD’S CHOICE OF LAW PROVISION.

8. Dispute Resolution & Related Terms

a. Arbitration.

THIS AGREEMENT TO ARBITRATE PRECLUDES YOU FROM BRINGING A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST CONCORD.

  • You agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof; or (b) your access to or use of the Service, the Service or the Points program, whether before or after the date you agreed to the Terms, will be settled by binding arbitration, and not in a court of law, and on an individual basis as set forth in this Section 7 (“Arbitration Agreement”). Notwithstanding the foregoing, either you or Concord may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
  • You agree to arbitration on an individual basis and you agree that you are precluded from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Concord by any other individual or entity. You acknowledge and agree that, by virtue of this Arbitration Agreement, BOTH YOU AND CONCORD EACH WAIVE THE RIGHT TO A TRIAL BY JURY or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Concord agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
  • Arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
  • Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Oregon.
  • A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The arbitrator will be either (1) a retired judge; or (2) an attorney specifically licensed to practice law in the state of Oregon and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
  • Unless you and Concord otherwise agree, arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then arbitration will be conducted solely on the basis of documents you and Concord submit to the arbitrator, unless you request a hearing, or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
  • Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
  • The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An arbitrator’s decision shall be final and binding on all parties. An arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, only to the extent provided under applicable law. Concord will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
  • If Concord changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing Concord written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o Concord Technologies Inc. (the name and current contact information for the registered agent in each state are available online here); or (b) by email from the email address associated with your Account to: legal@concord.tech. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting any future changes to this Arbitration Agreement, you are agreeing that you will arbitrate any dispute between you and Concord in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).
  • If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
  • These Terms, and the Arbitration Agreement, are governed by and construed in accordance with the internal laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule.

b. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

9. Notice

Concord will provide notices to you via the Service or to the email address associated with your account. Notices will be deemed to be given to you 48 hours after the notice was emailed or provided via the Service. You may provide notice to Concord at legal@concord.tech.

10. Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and Concord with respect to the Service, the Points program and the Service and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Service.

11. Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any applicable purchase or other terms, these Terms shall govern.