Bizzuka OnDeCC Terms of Service
THE BIZZUKA CONTENT MANAGEMENT SYSTEM (THE "SERVICE") IS OWNED OR LICENSED AND OPERATED BY BIZZUKA, INC. ("BIZZUKA") AND IS PROVIDED TO YOU UNDER THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE (THIS "AGREEMENT"). BY COMPLETING THE SERVICE PLAN ORDER FORM AND YOUR USE OF THE SERVICE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE SERVICE. YOU REPRESENT AND WARRANT THAT YOU: (I) ARE AT LEAST 18 YEARS OF AGE AND AUTHORIZED TO SIGN FOR AND BIND THE CONTRACTING PARTY AND (II) AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH BELOW. IF YOU DO NOT AGREE, DO NOT CONTINUE WITH THE ACCEPTANCE PROCESS.
2. DEFINITION OF SERVICE
For purposes of this Agreement, the term "Service" shall mean the Bizzuka service, including the Bizzuka content management application, technical support, email and other features, products and services provided by Bizzuka (or third party vendors).
3. AUTHORIZED USER, USE AND RESPONSIBILITIES
3.1 You represent and warrant that the information you supply to us is correct and complete. You understand that Bizzuka relies on the information you supply and that providing false or incorrect information may result in Service withholding or delays or the suspension or termination of your customer account. You shall indemnify and defend Bizzuka for any harm or damages that result from any provision by you of false or incorrect information. You shall promptly notify Bizzuka whenever your personal or billing information changes (including for example: your name, address, telephone number, checking account, credit card number and expiration date, etc.).
3.2 You shall be responsible for the Services provided through your account, including any secondary accounts or sub-accounts registered to your primary account. You understand this means that you accept full liability and responsibility for the actions of anyone who uses the Service via your account, or any secondary accounts, with or without your permission. You shall indemnify and defend Bizzuka for any harm or damages that result based on use of the Service via your account, or any secondary accounts.
3.3 You shall not resell the Service, use it for high volume purposes, or engage in similar activities that constitute such (commercial or non-commercial), or use it as a virtual data storage center, as determined solely by Bizzuka.
3.4 You shall not cause Bizzuka or any of its authorized service representatives to participate in, or contribute towards, any activity that is illegal under any applicable federal, state or local law, rule or regulation, and you shall indemnify and defend Bizzuka from and against any harm or damages caused by any illegal activity in which you may engage.
4. INTERNET TERMS OF SERVICE
Bizzuka, Inc. and its affiliates provide a range of electronic and other services. Internet Services provided by Bizzuka, hereafter referred to as the Website, are provided under the following Terms of Service.
4.1 Abridged Version
- Unsolicited or Commercial Bulk Email Policy: If you send unsolicited email or post excessive Usenet messages promoting your Website, business, or opportunity or cause responses from such email messages or postings to be directed to your mailbox at Bizzuka facilities, your Website, account, etc. will be deleted without warning. We will also bill you for the services you use while sending such messages, the time required to clean up any mess that you make, and any legal fees or other costs we incur while dealing with the incident.
- Free Speech policy: Material that we deem to be offensive, including pornography, clear expressions of bigotry, racism or hatred, will not be tolerated.
- Piracy: We will not tolerate the use of our services to promote or engage in software or music piracy.
4.2 Unabridged Version
Bizzuka, Inc. and its Affiliates offer a number of Internet-related services. It is contrary to our policy for any user of any of these services to take part in any of the following activities through a Bizzuka provided service:
- To post a single article or advertisement to more than ten (10) Usenet or other newsgroups, forums, email mailing lists or other similar groups or lists;
- To post to any Usenet or other newsgroup, forum, email list or other similar group-or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list;
- To send unsolicited mass emailings to more than twenty-five (25) email users, causing such unsolicited emailings to provoke complaints from any of the recipients;
- To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a Bizzuka account or with a Bizzuka account as a mail drop for responses;
- To use the Bizzuka.com domain name or the domain name of any Bizzuka affiliate to advertise any Website or service via Unsolicited Commercial Bulk Email as defined above.
Bizzuka considers the above practices to constitute abuse of its service and of the recipients of such unsolicited mailings and/or postings, who often bear the expense. Therefore, these practices are prohibited by Bizzuka's terms and conditions of service. Engaging in any of these practices will result in termination of the offenders account and/or access to Bizzuka Services.
In addition, Bizzuka reserves the right, where feasible, to implement technical mechanisms that block multiple postings as described above before they are forwarded. This policy addresses only the kinds of network abuse specifically enumerated above. In addition to these activities, Bizzuka's terms and conditions of service also prohibit other forms of abuse such as harassment and the posting of illegal or unlawful materials. Bizzuka will respond as appropriate to these other activities as well. Nothing contained in this policy shall be construed to limit Bizzuka's actions or remedies in any way with respect to any of the foregoing activities, and Bizzuka reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from use of Bizzuka services.
In addition, Bizzuka reserves at all times all rights and remedies available to it with respect to such activities at law or in equity. By use of the Website, you agree to use the Website in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions discussed below.
5 WEBSITE GUIDELINES
Bizzuka is not responsible for the content of any homepage, and the views expressed are the responsibility of the User and not Bizzuka. Bizzuka does not review Web pages in any way before they appear on the Website. Bizzuka reserves the right to remove any page from the Website at any time without notice.
Bizzuka provides space for Web Pages and Websites but makes no implied or express warranties about the reliability of these pages. Bizzuka is not responsible for any damage caused by loss of access to, or deletion or alteration of web pages; individual Users are responsible for monitoring and creating backups of their pages.
The following is a non-exclusive list of actions and content that are not permitted on the Website:
- Any use of copyrighted material without the express permission of the author or owner.
- Pages that exploit the images of anyone under the age of 18.
- Material that we deem to be grossly offensive, including clear expressions of bigotry, racism, or hatred.
- Messages, web pages, or communications of any kind that promote illegal activity.
- Material that defames, abuses or threatens others and any other forms of pornography.
- Making available copyrighted software that has been 'cracked' -i.e., the copyright protection has been removed from the software.
- Making available serial numbers for software that can be used to illegally validate or register software.
- Making available tools that can be used for no purpose other than for 'cracking' software.
You acknowledge and agree that Bizzuka neither endorses the contents of any communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising there from or any crime facilitated thereby. You acknowledge and agree that certain technical processing of content may be required to: (1) send and receive messages; (2) conform to connecting networks' technical requirements; (3) conform to the limitations of the Service; or (4) conform to other similar requirements.
7 AVAILABILITY OF SERVICE
7.1 The Service may not be available at all times, and may not be available in the format generally marketed, and some personal computers may not be available to receive the Service.
7.2 Bizzuka, its suppliers and licensors may, at any time, without notice or liability to you, restrict in whole or in part the use of the Service or limit availability in order to perform maintenance activities and to maintain session control or for any other purpose.
This Agreement goes into effect upon your acceptance of this Agreement as set forth in Paragraph 1 and shall continue until terminated by either party as permitted by this Agreement. Billing for your Service will be in accordance with your Service Plan.
8.1 Subscription Service. Either you or Bizzuka may terminate this Agreement without cause by giving notice to the other party. Termination by you shall be effective upon your written notice to Bizzuka. Activation fees paid at the initiation of your service, if any, shall not be refundable. Termination by Bizzuka shall be effective thirty (30) days after the date of written notice provided by you, except as otherwise provided in this Agreement. In the event of termination by Bizzuka, for any reason, you shall be required to pay the remaining balance of the charges applicable to your Service through the effective date of termination. You acknowledge that any Software that you may install as part of the Service may cease to operate, update or function properly after termination of any subscription.
8.2 Termination and/or Suspension by Bizzuka. If, in the sole discretion of Bizzuka: (a) you are in breach of any of the terms of this Agreement (including but not limited to, all Bizzuka policies regarding abuse and acceptable use of the Service and all end user license agreements); (b) your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, Bizzuka's network, or the use and enjoyment of other users; (c) Bizzuka receives an order from a court to terminate your Service; (d) Bizzuka for any reason ceases to offer the Service; (e) for online conduct that Bizzuka believes is harmful to other Users, the business of Bizzuka, or other third party information providers or (f) you are no longer a Bizzuka customer, then Bizzuka at its sole election may terminate or suspend your Service immediately without notice.
8.3 Terminated Account. Bizzuka, in its sole discretion, shall have the right refuse to accept your request for Service, renewal or re-subscription following a termination or suspension of your use of the Service at any time.
YOU WILL LOSE ACCESS TO YOUR STORED DATA AND ALL OF YOUR STORED DATA UPON TERMINATION OF YOUR ACCOUNT. UPON TERMINATION, YOU ACKNOWLEDGE AND AGREE THAT BIZZUKA SHALL HAVE THE IMMEDIATE RIGHT WITHOUT LIABILITY OF ANY KIND TO DELETE AND PURGE ALL OF YOUR DATA AND INFORMATION THAT WAS STORED BY BIZZUKA AND SUCH DATA AND INFORMATION SHALL BE UNAVAILABLE TO YOU FOR FUTURE USE AND SHALL NOT BE RESTORED IN ANY EVENT.
9 PRICING AND PAYMENT
9.1 Pricing and Fees. Bizzuka fees and charges for the Service(s) you select are outlined in your Service Plan. You agree to pay the charges applicable to your selected Service Plan, as well as any applicable taxes and other charges approved by you. You also agree to pay any additional charges or fees applied to your billing account should they be levied for late fees, interest, and charges due to insufficient credit or insufficient funds. Recurring charges shall be billed one billing period in advance; usage charges, if applicable, shall be billed in arrears, and pre-purchase plans shall be billed in advance, if applicable. Bizzuka or its agent shall debit your checking account or charge your credit card on a recurring basis in advance of each billing period as set forth during the ordering process. Bizzuka does not accept debit cards for payment of any charges or fees, but can debit your checking account through ACH provided the necessary documentation has been completed and submitted to our accounting department.
9.2 Discontinuation of Service for Nonpayment. Service to you may be denied or discontinued without notice at any time if you fail to make payment when due, if your credit card provider denies or discontinues providing credit to you for any reason, or you fail to provide us with a new credit card expiration date before the existing one expires. If your credit card provider denies or discontinues providing credit, you will be sent a notice of termination of Service and you will have 5 days to provide new payment information or otherwise arrange for payment through our accounting department (firstname.lastname@example.org).
9.3 Late Fees. If any portion of your bill is not paid by the due date, Bizzuka shall have the right to assess a $25 late fee. In the event you become more than thirty (30) days delinquent on the license fee, BIZZUKA, at its sole option, may continue to assess late fees or may unilaterally and immediately terminate service under this agreement, in which case the provisions of sections 3, 9, 12, and 15 shall continue in full force and effect, and/or, at its sole discretion, BIZZUKA may discontinue or suspend service to LICENSEE until payment is made. Any service disconnection or suspension shall require a $50 re-connect fee. In the event Bizzuka utilizes a collection agency or resorts to legal action to recover monies due, you shall reimburse Bizzuka for all expenses incurred to recover such monies, including attorneys' fees.
9.4 Bizzuka will apply the following charges to unsolicited commercial email that passes through the Website.
- For each Unsolicited Commercial Email message received at the Website: $500 per copy
- For each Unsolicited Commercial Email sent via the Website: $100 per copy
- Cleanup charge for service termination related to Unsolicited Commercial Email: $1,000 per incident
- Administrative charge for redirection of 'remove me' or other 'abuse' messages related to forged headers in Unsolicited Commercial Email: $100 per message
- We will also charge for any legal fees or other costs we incur while dealing with the incident.
9.5 You have the option to change your Service Plan(s) at any time by notifying us, in writing, provided that you qualify for and comply with all requirements of that Service.
9.6 The initial term of this agreement is outlined in your Service Plan. This agreement will remain in effect after the initial term until canceled in writing by LICENSEE at least 30 days prior to the termination date. Renewal prices are subject to change. Renewal fees will be automatically invoiced to your account in accordance with the Billing Cycle outlined in your Service Plan Order Form.
10 LIMITATIONS ON USE OF THE SERVICE
10.1 You agree that your use of the Service is your sole responsibility, is solely at your own risk, and is subject to all applicable local, state, national and international laws and regulations.
10.2 You agree that the Internet is not owned, operated or managed by, or in any way affiliated with Bizzuka and Bizzuka is not responsible and has no control over the information or materials accessible via the Internet through use of the Service. You further agree that Bizzuka does not own or control all of the various facilities and communications lines through which service may be provided, nor does Bizzuka guarantee access to or through websites, servers or other facilities on the Internet, whether or not such facilities are owned or controlled by Bizzuka.
10.3 Bizzuka recognizes that your data is important and takes industry-standard, commercially reasonable measures to protect your data on the Service. However, you agree that Bizzuka cannot and does not guarantee or warrant that data will not be lost or corrupted or free of defects, infection or viruses, worms, Trojan horses or other code that manifest contaminating, malicious or destructive properties. You are responsible for implementing adequate procedures to satisfy your particular requirements for accuracy of data input and output and for maintaining a means external to the Service for the reconstruction of any lost data.
10.4 You agree that the Internet is not a secure network and that third parties may be able to intercept, access, use, or corrupt the information you transmit or receive over the Internet. Bizzuka is not liable for invalid destinations, transmission errors, or corruption or security of your data.
11 LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
11.1 IN NO EVENT SHALL BIZZUKA, ITS OFFICERS, DIRECTORS, EMPLOYEES, STOCKHOLDERS, SUBSIDIARIES, ATTORNEYS OR AFFILIATES BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE OR YOUR DATA, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF BIZZUKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY THIRD PARTY. THE MAXIMUM CUMULATIVE LIABILITY OF BIZZUKA TO YOU UNDER THIS AGREEMENT IS LIMITED TO THE TOTAL AMOUNTS PAID BY YOU DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING ANY CLAIM.
11.2 THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
11.3 NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY IN THIS AGREEMENT, THE SERVICE IS PROVIDED TO YOU "AS-IS and "AS AVAILABLE AND WITHOUT ANY WARRANTY FROM BIZZUKA OF ANY KIND. BIZZUKA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (EITHER IN FACT, STATUTORY OR BY OPERATION OF LAW) WITH RESPECT TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, SUITABILITY ACCURACY, SECURITY, NON-INTERFERENCE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. NO ADVICE, SUPPORT OR INFORMATION DELIVERED BY BIZZUKA OR ITS REPRESENTATIVES TO YOU SHALL CREATE ANY WARRANTY.
11.4 BIZZUKA DOES NOT WARRANT THAT THE SERVICE PROVIDED BY BIZZUKA HEREUNDER SHALL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR SHALL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, OR THE LIKE. BIZZUKA SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE.
12.1 You agree that you shall defend, indemnify, save and hold Bizzuka and any third-party information providers harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees asserted against Bizzuka, its agents, its customers, servants, officers and employees, that may arise or result from this agreement or any service provided or performed or agreed to be performed or any product sold by you, your agents, employees or assigns arising from the User's use of the Website. You agree to defend, indemnify and hold harmless Bizzuka against Liabilities arising out of any of the following infractions caused by you:
- gross negligence or willful misconduct resulting in personal injury or property damage caused by any products sold or otherwise distributed in connection with Bizzuka's Server service;
- any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party;
- copyright infringement;
- any defective product which you sold on the Server offered by Bizzuka;
- misuse of the Software;
- failure to comply with applicable law;
- failure to comply with the terms of this Agreement;
- failure to comply with the terms of any third party agreement to which it is a party; or
- any claim of libel, violation of privacy rights, unfair competition or infringement of a intellectual property rights not caused by Bizzuka;
- any libelous or unlawful material contained within User's web Page or other portion of the Website.
12.2 Bizzuka shall indemnify, defend, and hold harmless you and its officers, employees, directors, shareholders and agents, in their individual capacities or otherwise, from and against any and all Losses asserted by a third party resulting from, arising out of, or incurred in connection with Bizzuka's:
- gross negligence or willful misconduct resulting in personal injury or property damage;
- failure to comply with applicable law;
- failure to comply with the terms of any third party agreement to which it is a party; or
- Software infringing a registered U.S. patent or copyright.
12.3 Bizzuka shall have no liability for any claim of infringement resulting, in whole or in part, from:
- any use of a version of the Software other than the most current unmodified version;
- use or combination of the Software with computer programs owned or licensed by a party other than Bizzuka; or
- your failure to implement corrections or changes to the Software offered by Bizzuka.
12.4 The obligation to provide indemnification under this section is contingent upon:
- the indemnified party promptly notifying the indemnifying party in writing of any claim;
- the indemnifying party having sole control over the defense and settlement of the claim;
- the indemnified party reasonably cooperating during defense and settlement efforts; and
- the claim not arising, in whole or in part, out of the indemnified party's breach of this Agreement.
12.5 In the event that a claim is asserted, Bizzuka and its successors and assigns, related business, licensees, partners, employees, agents, attorneys, shareholders, officers, directors or independent contractors may choose to defend said claims through counsel of their own choosing, and may direct the defense of said claims and determine the propriety of settling said claims.
13 DOMAIN NAME OWNERSHIP, DISPUTES AND USE
Any domain name registered by Bizzuka on your behalf is your property. Bizzuka claims no ownership over your domain names and will arrange for any billing of names registered by Bizzuka on your behalf to be billed directly. You agree that Bizzuka may be presented with information that your domain name possibly violates the trademark rights or other intellectual property rights of a trademark or other intellectual property rights owner. In case of such action, you agree to the following:
- You agree to hold Bizzuka harmless from any action taken by such owner regardless of the outcome of such dispute and regardless of whether Domain Name Service hosting for your domain is continued at Bizzuka.
- You agree that Bizzuka has the right to discontinue name service in the event of dispute over your domain name.
- You agree that should Bizzuka discontinue name service for your domain upon notification of such dispute that Bizzuka will not be liable for any loss of business, interruption of business, loss of your domain name, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if Bizzuka has been advised of the possibility of such damages.
- In no event shall Bizzuka's maximum liability exceed that as described in section 9 of this Agreement.
- If Bizzuka shall acquire an Internet Domain Name on your behalf, then in such case you hereby waive any and all claims which you may have against Bizzuka, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any online or offline network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by Bizzuka for any reason.
You agree that a Bizzuka contact person shall be named as the "technical or zone contact" for any domains hosted at Bizzuka. You agree that Bizzuka may create and use network resources with the your domain name for administrative, testing, and network infrastructure enhancement purposes.
14.1 Notices required under this Agreement by you shall be provided to the Customer Service Department reachable via email at email@example.com. Notices by Bizzuka to you shall be deemed given: (a) when sent to your registered email address, or (b) when deposited in the United States mail addressed to you at last-known address or (c) when hand delivered to your home or office address, as applicable.
14.2 With regard to electronic communications, you and Bizzuka further agree that: (a) the User ID and/or alias of a sender, contained in an electronic communication ("email"), is legally sufficient to verify the sender's identity and the authenticity of the communication; (b) an email sent containing your User ID and/or alias establishes you as its originator and has the same effect as a document with your written signature on it; and (c) an email or any computer printout of it, is a valid proof of the validity of the original content of the electronic communication.
15 GENERAL PROVISIONS
15.1 The parties agree that their respective rights, obligations and duties which by their nature extend beyond the termination of this Agreement shall survive any termination and shall remain in effect for a period of one (1) year thereafter or the period specified in this Agreement, if longer.
15.2 Bizzuka shall not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, of other things we do not control, or an inability to obtain necessary equipment or services.
15.3 You and Bizzuka agree that the substantive laws of the State of Louisiana, without reference to its principles of conflicts of laws, shall be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. YOU AGREE TO SUBMIT ALL DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT TO FINAL BINDING ARBITRATION IN ACCORDANCE WITH THE THEN-EXISTING COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION, BEFORE A SINGLE ARBITRATOR SELECTED FROM THE INTERNATIONAL ARM OF THE AMERICAN ARBITRATION ASSOCIATION. Except as otherwise required by law, including New York laws relating to consumer transactions, any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. The parties expressly agree that the U.N. Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
15.4 Bizzuka's failure at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.
15.5 This Agreement and all other policies posted on the Website, which are fully incorporated into this Agreement by reference, constitute the entire agreement between you and Bizzuka with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes by you to this Agreement, or any additional or different terms in your purchase orders, acknowledgements or other documents, written or electronic, are void.