CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.
This AGREEMENT must be accepted by CUSTOMER and FASTBRIDGE. CUSTOMER may indicate acceptance of this AGREEMENT by: (1) signing and returning to FASTBRIDGE the printed acceptance form; (2) by electronic acceptance indicating that CUSTOMER accepts the Agreement; or (3) by accessing, using, printing, and/or displaying the MATERIALS. If CUSTOMER submits a purchase order for any products or services covered by this AGREEMENT, CUSTOMER agrees that any pre-printed terms of such purchase order shall not apply or modify this AGREEMENT and that this AGREEMENT shall solely control and govern the transaction and such purchase order shall constitute acceptance of this AGREEMENT.
FURTHER, BY SELECTING THE “YES, I AGREE” BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. PROCEEDING WITH REGISTRATION, OR ACCESSING, USING, PRINTING, OR DISPLAYING THE PRODUCTS OR SERVICES INDICATES CUSTOMER ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, SELECT THE “NO, I DO NOT AGREE” BUTTON OR LEAVE THE WEBSITE. IF CUSTOMER DOES NOT AGREE WITH THESE TERMS, CUSTOMER SHOULD DECLINE THE REGISTRATION AND CUSTOMER MAY NOT ACCESS, USE, PRINT, OR DISPLAY THE PRODUCTS OR SERVICES.
Please contact us at firstname.lastname@example.org for any queries.
FASTBRIDGE has developed a proprietary Internet-based direct, frequent, and continuous assessment system designed to monitor student achievement and instruction. In addition, FASTBRIDGE has developed Internet-based software employed in establishing and maintaining a database of student performance; providing access to the database through the Internet; providing skill assessment protocols, testing materials and instructions; and assessment probes, (collectively referred to in this Agreement as the “MATERIALS”). Some or all of the MATERIALS are copyrighted. All of the MATERIALS are proprietary. Use of the MATERIALS by any individual, organization, entity or enterprise is strictly prohibited except for a CUSTOMER entity authorized pursuant to this Agreement. The MATERIALS, software, online software documentation, printed training documentation and materials, and the FASTBRIDGE school support site (collectively the “Subscription Service”) and any modifications, updates, revisions, or enhancements thereof are subject to the terms of this AGREEMENT.
1. License Grant
Your use of the Subscription Service constitutes your express acceptance without reservation to this AGREEMENT.
FASTBRIDGE hereby grants to CUSTOMER and CUSTOMER hereby accepts from FASTBRIDGE a limited, non-exclusive, non-transferable, revocable license to access, print and use the MATERIALS for the limited purposes of assessing academic achievement and instruction of each LICENSED USER associated with CUSTOMER (as defined below).
CUSTOMER may not assign, sell, distribute, lease, rent, sublicense, or transfer the Subscription Service or the license granted CUSTOMER herein or disclose the Subscription Service to any other person or entity.
“CUSTOMER” is a person, organization, public entity, business entity or enterprise which: (1) has paid a license fee to or is otherwise authorized by FASTBRIDGE to access, print, display, and use the MATERIALS on behalf of a LICENSED USER; and (2) CUSTOMER and LICENSED USER have agreed to be bound by the terms and conditions of this AGREEMENT.
In this AGREEMENT, all references to CUSTOMER or YOU include LICENSED USER.
All references to US or WE include FASTBRIDGE.
“LICENSED USER” means:
(a) If CUSTOMER is a corporation, or public body such as a school, or school district, or similar organization, a LICENSED USER may include an individual employee, student, or agent to whom CUSTOMER has conferred the right to use the MATERIALS. Any such individual is subject to the terms and conditions of this AGREEMENT and agrees to be bound by the terms and conditions of this AGREEMENT by accessing, using, printing, and/or displaying the MATERIALS.
(b) If CUSTOMER is a post-secondary academic institution, academic library or similar research institution, a LICENSED USER may also include a post-secondary student and an academic researcher, provided that CUSTOMER identifies each to FASTBRIDGE and FASTBRIDGE consents to each. Any such entity is subject to the terms and conditions of this AGREEMENT and agrees to be bound by the terms and conditions of this AGREEMENT by accessing, using, printing, and/or displaying the MATERIALS.
Upon expiration or termination of this AGREEMENT, the nonexclusive limited license granted above shall automatically and immediately terminate and CUSTOMER agrees not to access, print, display, or use the MATERIALS and, upon request of FASTBRIDGE, to return all MATERIALS then in possession of CUSTOMER to FASTBRIDGE or destroy and certify to FASTBRIDGE the manner and date that CUSTOMER destroyed all MATERIALS.
The use of the MATERIALS is strictly limited to those provided for in this AGREEMENT. The MATERIALS may be used only for educational, academic research, and similar purposes. The MATERIALS may be used only for their stated and published purposes including monitoring of student performance scores, comparison of student performance scores, individually and across various cohort groups.
CUSTOMER agrees that the MATERIALS will not be:
(a) used for any “for-profit” commercial activities, unless specifically agreed in writing by FASTBRIDGE, including any use of any trademarks, designs, or logos of FASTBRIDGE;
(b) copied, duplicated, modified, translated, adapted, publicly displayed, or publicly performed without the express written consent of FASTBRIDGE;
(c) downloaded, transmitted, or re-transmitted or transferred for the purpose of evading the prohibition on copying, duplication or modification;
(d) sold, transferred, conveyed, pledged licensed, or sub-licensed;
(e) reverse engineered, decompiled, disassembled or subject to efforts to derive source code for any software and/or computer code components of the MATERIALS; or
(f) exploited for any purpose different from or contrary to the rights and interests of FASTBRIDGE or inconsistent with the stated terms and purposes of this AGREEMENT.
Notwithstanding the foregoing, some of the MATERIALS, including any assessment protocols, which include assessment probes, testing sheets and instructions and similar information, may be duplicated for the internal distribution and administration of student performance tests, and to train employees of CUSTOMER, including each LICENSED USER, consistent with this AGREEMENT.
CUSTOMER is granted a non-exclusive limited license to use the MATERIALS under the terms of this AGREEMENT and only in the business or professional activities of CUSTOMER. All right, title, and interest in and to the MATERIALS, the Subscription Services, the student performance data CUSTOMER enters via the Subscription Services, the personal and business information FASTBRIDGE captures for registration and billing purposes, and all intellectual property rights in and to the MATERIALS, the Subscription Services and the website of FASTBRIDGE, and all other materials shall remain solely vested in, to and with FASTBRIDGE.
4. Subscription Charges
FASTBRIDGE subscriptions are based on per student, per school year fees. The initial fee to activate a subscription is based on the estimate by CUSTOMER of the number of unique students that will have score data entered. FASTBRIDGE will run reconciliation reports in June of each subscription year and invoice for any overages at that time, which CUSTOMER must pay. FASTBRIDGE will not credit subscription fees for any reason at any time.
Certain “Subscription Services” are available only from FASTBRIDGE via a dedicated service subscription to which the following applies:
(a) CUSTOMER agrees to pay, using a valid credit card, purchase order, or check written against readily-available funds which is acceptable to FASTBRIDGE, the subscription fees set forth by FASTBRIDGE, applicable taxes, and other charges incurred on the account of CUSTOMER in order to access, print and use the Subscription Services. FASTBRIDGE reserves the right to change or institute new fees at the end of each subscription year, upon reasonable notice posted in advance on http://www.FastBridge.org or as otherwise provided. To continue to have access to the services, CUSTOMER must renew its Subscription Services on an annual basis. In the event CUSTOMER chooses not to renew FASTBRIDGE Subscriptions, FASTBRIDGE reserves the right to terminate CUSTOMER access to the Subscription Services. No refunds or credit will be granted for unused licenses remaining at the end of each subscription year or for any cancellation or termination for any reason at any time.
(b) In addition to the charges set forth above, CUSTOMER is responsible for all expenses and charges associated with accessing the Internet; connecting to the Subscription Service; and any service fees associated with such access and connection. CUSTOMER is also responsible for providing all equipment necessary for CUSTOMER to make such connection, including without limitation, computer and modem and/or network connection. This includes all equipment and software used to load and print files saved in .pdf format.
(c) For purposes of identification and billing, CUSTOMER agrees to provide FASTBRIDGE with accurate, current and complete information as FASTBRIDGE may request or as otherwise required during registration for the Subscription Services, including, without limitation, the legal name, address, telephone number(s), e-mail address, and applicable payment data for CUSTOMER and to maintain and update this information to keep it accurate, current and complete. Failure to provide and maintain accurate, current and complete information may, at the option of FASTBRIDGE, result in immediate suspension or termination of this Agreement and the Subscription Services.
5. Password Confidentiality
Each FASTBRIDGE CUSTOMER is provided a password protected account. CUSTOMER is solely responsible for maintaining the confidentiality of the CUSTOMER password and agrees that FASTBRIDGE has no obligations with regard to the use by third parties of such password. CUSTOMER is entirely responsible for any activity occurring under the CUSTOMER account and password, as well as the passwords of all LICENSED USERS within CUSTOMER account. CUSTOMER agrees to notify FASTBRIDGE immediately if CUSTOMER has any reason to believe that the security of CUSTOMER data or any password has been compromised.
Should CUSTOMER forget the password, FASTBRIDGE will reset it for CUSTOMER at CUSTOMER’s request; however, in order to protect the privacy of CUSTOMER and the data of CUSTOMER, FASTBRIDGE may require CUSTOMER to provide specific information for verification purposes.
6. Privacy and Security
7. Server Availability and Scheduled Down Times
FASTBRIDGE schedules daily maintenance from 8:00 p.m. to 4:00 a.m. Central Time, Monday through Sunday. In the event a mission-critical maintenance situation arises, FASTBRIDGE may be required to perform emergency maintenance at any time. During these scheduled and emergency maintenance periods, CUSTOMER may be temporarily unable to transmit and receive data. CUSTOMER agrees to accept the risk of such unavailability and to fully cooperate with FASTBRIDGE during the scheduled and emergency maintenance periods. Such maintenance is a required part of the Subscription Service and no refunds or adjustment shall be made relating to CUSTOMER’S inability to access the MATERIALS or Subscription Service during any scheduled or emergency maintenance periods.
8. Liability Disclaimer
THE MATERIALS AND THE SUBSCRIPTION SERVICES (INCLUDING ALL CONTENT, SOFTWARE AND FUNCTIONS) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS” WITHOUT WARRANTY OF ANY KIND. FASTBRIDGE MAKES NO WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED. ANY AND ALL WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING WITHOUT LIMITATION, TITLE, SECURITY, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY, OR UNINTERRUPTED ACCESS. FASTBRIDGE DISCLAIMS AND CUSTOMER WAIVES ALL LIABILITY ARISING FROM THE ACCESS, USE AND PRINTING OF THE MATERIALS AND PROVISION OF THE MATERIALS AND THE SUBSCRIPTION SERVICES. IN NO EVENT SHALL THE LIABILITY OF FASTBRIDGE TO CUSTOMER OR ANY THIRD PARTY FOR DAMAGES FOR ANY CAUSE WHATSOEVER RELATED TO OR ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNT PAID BY CUSTOMER TO FASTBRIDGE DURING THE PRECEDING TWELVE MONTHS. IN NO EVENT WILL FASTBRIDGE BE LIABLE FOR ANY LOST PROFITS, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY MATERIALS OR THE SUBSCRIPTION SERVICE, EVEN IF FASTBRIDGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER AGREES THAT ANY CLAIM ARISING FROM USE OF OR ACCESS TO THE MATERIALS OR THE PROVISION OF ANY SUBSCRIPTION SERVICES MUST BE MADE WITHIN ONE (1) YEAR OF THE FIRST DATE SUCH CLAIM FIRST ACCRUED OR SHALL BE DISMISSED AS UNTIMELY AND FOREVER BARRED. THIS LIMITATION OF LIABILITY APPLIES TO ANY EXPENSES, DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR OR OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF DATA RECORDS, WHETHER FOR BREACH OF CONTRACT, STRICT LIABILITY, TORTUOUS BEHAVIOR, NEGLIGENCE, OR FOR ANY OTHER CAUSE OF ACTION.
BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SUCH LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT FASTBRIDGE IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD FASTBRIDGE LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF FASTBRIDGE OFFERINGS AND OPERATORS OF OTHER EXTERNAL SITES, AND THAT THE RISK OF USING OR ACCESSING THE SUBSCRIPTION SERVICES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.
CUSTOMER hereby agrees to indemnify, defend, and hold harmless FASTBRIDGE from and against any and all claims, proceedings, damages, liability, and costs (including reasonable attorney fees) incurred by FASTBRIDGE in connection with any claim arising out of (i) any breach or alleged breach of any of CUSTOMER obligations set forth herein, (ii) any acts or omissions by CUSTOMER, or (iii) MATERIALS or information posted or transmitted by CUSTOMER in connection with the Subscription Service regardless of the type or nature of the claim. CUSTOMER shall cooperate as fully as reasonably required in the defense of any claim. FASTBRIDGE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by CUSTOMER and CUSTOMER shall not in any event settle any matter without the written consent of FASTBRIDGE.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS CAPABLE IN LAW OF BEING SUBMITTED TO BINDING ARBITRATION) AGAINST US, our agents, employees, officers, directors, successors, assigns or affiliates (collectively, for purposes of this paragraph, “Licensor Group”) arising from or relating to this Agreement, its interpretation or the breach, termination or validity thereof, the relationships between the parties, whether pre-existing, present or future (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Licensor Group’s advertising or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (“NAF”) under its Code of Procedure and any specific procedures for the resolution of small claims and/or consumer disputes then in effect (available via the Internet at www.arb-forum.com, or via telephone at 1-800-474-2371). The arbitration will be limited solely to the dispute or controversy between CUSTOMER and FASTBRIDGE. Any award of the arbitrator(s) shall be final and binding on each of us, and may be entered as a judgment in any court of competent jurisdiction. Information may be obtained, and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405, or by email at email@example.com, or by online filing at www.arb-forum.com.
11. Injunctive Relief
You acknowledge and agree that it would be difficult to fully compensate FASTBRIDGE for damages resulting from the breach or threatened breach of this AGREEMENT and, accordingly, FASTBRIDGE will be entitled to seek injunctive relief, including temporary restraining orders, preliminary injunctions and permanent injunctions, from a court of competent jurisdiction to enforce such provisions. This provision with respect to injunctive relief will not, however, diminish FASTBRIDGE’s right to claim and recover damages.
12. Term and Termination
This License Agreement has a term of one (1) year and must be renewed annually by CUSTOMER for continued service.
Either CUSTOMER or FASTBRIDGE may cancel or terminate this Agreement upon sixty (60) days advanced written notice to the other via electronic mail or conventional mail, and all fees for the then-present term of this Agreement shall immediately become fully due and payable to FASTBRIDGE.
FASTBRIDGE reserves the right to restrict, suspend or terminate CUSTOMER access to the Subscription Services in whole or in part without notice and without liability, with respect to any breach or threatened breach of any portion of this AGREEMENT. If FASTBRIDGE terminates this AGREEMENT based on a breach of any portion of this AGREEMENT, FASTBRIDGE reserves the right to refuse to provide Subscription Services to CUSTOMER.
13. Modifications to Agreement and Subscription Services
FASTBRIDGE reserves the right to modify this AGREEMENT and the software or policies associated with the Subscription Services and any MATERIALS at any time without advance notice to CUSTOMER. Customer’s continued use of the Subscription Services following any modification shall be conclusively deemed an acceptance of all such modification(s).
14. Student Data Export Requests
CUSTOMER may request an export of their export their data at any time. FASTBRIDGE will produce regular backups of any student data of CUSTOMER. Assuming all fees owed by CUSTOMER are current and have been paid, CUSTOMER may request that any of the student data of CUSTOMER be copied to physical data storage media and provided to CUSTOMER. Charges to CUSTOMER apply for this service. This service (receiving data) will be available to CUSTOMER only during the term of this AGREEMENT and for a maximum period of twelve (12) months following the termination or expiration of this AGREEMENT. After the twelve (12) month period expires, all such data will be destroyed and not available to CUSTOMER.
At no additional charge, each CUSTOMER may use a comprehensive online customer service and assistance service, called “FastBridge Learning School Support.” FASTBRIDGE agrees to exert reasonable efforts to provide the FastBridge Learning School Support service to CUSTOMER, as well as telephone and email support, but each form of support is provided “AS IS” and “AS AVAILABLE” basis and CUSTOMER acknowledges that use of such support is at the sole risk of CUSTOMER. FASTBRIDGE reserves the right to change, suspend, or institute new support services at any time, upon reasonable notice posted in advance on http://www.FastBridge.org or as otherwise provided.
CUSTOMER agrees to promptly report to FASTBRIDGE all defects, inconsistencies, or issues arising from the MATERIALS and the Subscription Services.
16. Student Assessment
The use, accuracy, and efficacy of the Subscription Service depends in large measure upon the accuracy and completeness of the data provided to FASTBRIDGE by CUSTOMER. CUSTOMER agrees that it will use the MATERIALS, and in particular the basic skill performance tests, protocols, reading passages, testing procedures, testing instructions, and all similar documents and information in a manner consistent with this AGREEMENT and applicable guidelines and directions from FASTBRIDGE.
17. Use of De-Identified Data for Innovation and Research
18. Copyright, No Redistribution of Materials
The Subscription Service and MATERIALS are protected by copyright law and international treaty provisions and may not be copied or imitated in whole or in part. You agree that you will not redistribute, retransmit, copy, amend, or commercially exploit any materials, writings, compilations, data bases, logos, trademarks, audio, video, or graphic images found in the Subscription Service or MATERIALS without FASTBRIDGE’s express written permission, which permission may be withheld or withdrawn in FASTBRIDGE’s sole discretion.
19. Ownership and Intellectual Property Rights
All content contained in the Subscription Service and MATERIALS, including all text, names, images, pictures, graphs, icons, trademarks, documents, materials, computer code and software (“Content”), is FASTBRIDGE property and is protected by US and foreign copyright and trademark laws. You may not copy, reproduce, distribute, display, transmit or modify, decompile or re-engineer any of the Content contained on this site or use any trademarks or service marks of FASTBRIDGE. Nothing contained herein should be construed as granting, by implication, estoppel or otherwise, any license or right to CUSTOMER to use, copy, or imitate in whole or in part any of the Content. Any modification, derivative work, translation, or adaptation to the MATERIALS or the Subscription Service by CUSTOMER shall be subject to a royalty-free, non-exclusive, irrevocable worldwide license to FASTBRIDGE in and to same.
All logos, designs, and brand names for FASTBRIDGE’S products and services, including but not limited to the Formative Assessment System for Teachers (FAST), aReading, earlyReading, CBMreading, CBMcomp, COMPefficiency, AUTOreading, aMath, earlyMath, CBMmath, SBmath, SAEBRS, DevMilestones, and REACT are trademarks of FastBridge Learning, LLC, and its subsidiaries, registered, common law, or pending registration in the United States and other countries. “FAST”, “FastBridge”, “FastBridge Learning”, and the “FastBridge Learning” logo(s) are trademarks of FastBridge Learning, LLC. All other product and company names should be considered the property of their respective companies and organizations.
20. Import Taxes and Fees
When you acquire items, physical or otherwise, through any of the Subscription Services for delivery outside the United States, YOU are considered an importer and, as between YOU and FASTBRIDGE, YOU will be responsible for payment of all taxes, duties, fees or other charges that may be applicable to such importation, including VAT, and YOU must comply with all laws and regulations of the country in which YOU are receiving the goods. Your privacy is important to US and we know that YOU care about how information about your order is used and shared. We would like our international CUSTOMERS and CUSTOMERS dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
21. Export Control Laws
The Subscription Services may be subject to United States and international export controls. By accessing the Subscription Services, YOU warrant that YOU are not located in any country, or exporting any Subscription Services, to any person or place to which the United States, European Union or any other jurisdiction has embargoed goods or which place restrictions on YOU that hinder, prohibit, or prevent YOU from accessing the Subscription Services. YOU agree to abide by all applicable export control laws and further agree not to transfer or upload, by any means electronic or otherwise, any Subscription Services that may be subject to restrictions under such laws to a national destination prohibited by such laws without obtaining and complying with any required governmental authorizations.
22. Governing Law
The laws of the State of Minnesota shall govern this AGREEMENT and the interpretation and issues of enforcement related thereto without regard to any conflicts of law’s provisions therein. CUSTOMER agrees to the personal and subject matter jurisdiction of the court sitting in the State of Minnesota. In the event that any provision of this AGREEMENT is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this AGREEMENT shall be valid and enforceable according to its terms.
You may not assign this AGREEMENT, or any right relating thereto, without the prior written consent of FASTBRIDGE, and any non-approved attempted assignment shall be null and void. This AGREEMENT shall be binding upon, and inure to benefit of, the successors and permitted assigns of the parties hereto.
Failure of either party to object to any act or omission of the other party, no matter how long the same may continue, shall not be deemed to be a waiver by such party of any of its rights hereunder. No waiver by any party at any time of any other provision of this AGREEMENT shall be deemed a waiver or breach of any other provision of the AGREEMENT or consent to any subsequent breach of the same of any other provision hereunder. If any act or omission by any party shall require the consent or approval of another party, such consent or approval of such act or omission on any one occasion shall not be deemed a consent to or approval of said act or omission on any subsequent occasion or consent to or approval of any other act or omission on the same or any subsequent occasion. Waiver of any rights or remedies must be in a signed writing by the waiving party.
The paragraph headings in this document are for convenient reference only and shall not in any way affect the meaning or interpretation of this AGREEMENT.
Except as expressly stated otherwise, all notices to FASTBRIDGE shall be sent to the either the postal or email address provided herein, which FASTBRIDGE may update from time to time.
Except as expressly stated otherwise, all notices to YOU shall be sent electronically to YOU via the account YOU established with us. Such notice shall be deemed given on the date sent.
27. Force Majeure
Neither party to this AGREEMENT shall be liable for failure to perform or delay in performance of any of its obligations under the AGREEMENT (except payment of amounts already due and owing) where such failure or delay results from any act of God, extreme weather event, military operation, catastrophic event directly related to terrorist activity, national emergency, or the order, requisition, request or recommendation of any government agency or acting government authority, or any party’s compliance therewith, or government probation, regulation, or priority, or any change in laws or regulations which prevent any party from providing services required by the AGREEMENT, or any other cause beyond any party’s reasonable control whether similar or dissimilar to the foregoing causes.
Any provisions of the AGREEMENT which requires performance or grants a benefit after termination of the AGREEMENT shall be deemed to survive the termination of the AGREEMENT.
The AGREEMENT shall be fairly interpreted in accordance with its terms and without any strict construction in favor of or against either party. Any ambiguity shall not be interpreted against the drafting party.
30. Entire Agreement