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TERMS OF SERVICE

Use of this site is subject to the terms and conditions contained in the Switch Commerce Online Services Agreement (the "SCOSA") set forth below. In continuing to access or use our site, you agree to be bound by those terms and conditions within the SCOSA applicable to your use.

We are now asking you to confirm that you have read the SCOSA by clicking "I agree" at the bottom of the page.

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CONSENT TO ELECTRONIC RECORDS AND SIGNATURE

The SCOSA, other online agreements, and our Web site include important disclosures and information that are associated with SCOSA. From time to time, Switch Commerce may ask you to review other important disclosures or agreements about a Switch Commerce service. We refer to all of these items as "Records and Disclosures".

When you click "I agree", you will be consenting to electronic delivery of the SCOSA and the Records and Disclosures in HTML format. To access, retain, and print the SCOSA and other Records and Disclosures, you should use Microsoft Internet Explorer 7.0+, Firefox 3.0+, or Safari 3.1.2+, at a screen resolution of 1024x768 (or higher). We also recommend a minimum modem connection speed of 56Kbps and that you enable JavaScript and Pop-ups in your browser's settings.

By clicking " I agree " you will also be providing your electronic signature that will affirm:

  • You understand and intend that the SCOSA is a legally binding agreement and the equivalent of a signed, written contract.

  • You will use all Switch Commerce Services, and our Web sites generally, in a manner consistent with applicable laws and regulations and in accordance with the terms and conditions of the SCOSA and any other applicable Rules, Guidelines or other conditions that govern the use of a particular Switch Commerce Service as they may be amended by Switch Commerce from time to time.

  • You understand, accept, and have received the SCOSA and its terms and conditions, and acknowledge and demonstrate that you can access the SCOSA and other Records and Disclosures on our Web site.

If you do not agree with the terms and conditions in the SCOSA, please exit the registration process. You should be aware, however, that the use of any Switch Commerce Service, including our Web site, is subject to the terms and conditions of the SCOSA. This Agreement will always be available for your review as a link at the bottom of the Switch Commerce.com home page. If you click " I agree " we will create an electronic record of your agreement and you will be able to continue with the registration process. Please carefully review the following terms and conditions.

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SCOPE OF THE SCOSA

Switch Commerce, LLC ("Switch Commerce," "we" or "us") operates the Switch Commerce Services, either alone or in conjunction with its affiliates, agents and partners. The Switch Commerce Online Services Agreement ("SCOSA" or "Agreement") applies to Switch Commerce's Web sites, other electronic channels as described below, and electronic content, services and tools. This includes tools, and other services or forums, as well as any features or content we may add in the future. We refer to all of the above as "Switch Commerce Services." This Agreement applies to all Switch Commerce Services regardless of the means by which you access such Switch Commerce Services. Switch Commerce Services may be offered on the Switch Commerce.com domain as well as on other Internet domains operated by our agents or alliance partners. In addition, Switch Commerce Services may be available through other computer, telephonic, email or wireless services or systems, including Switch Commerce's proprietary software and services such as VoiceTMSâ„¢, and any other computer, telephonic or wireless service or information system Switch Commerce makes available to you, including successors to the systems described above.

We may also ask you to follow additional rules, guidelines or other conditions that govern the use of a particular Switch Commerce Service ("Rules and Guidelines") at the time you register for or use that Switch Commerce Service. The SCOSA incorporates by reference the Rules and Guidelines of any Switch Commerce Service for which you register.

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REVISIONS AND RELATION TO OTHER AGREEMENTS OR DISCLOSURES

Switch Commerce may revise the SCOSA at any time, and you agree to be bound by future revisions. It is your responsibility to visit the link at the Switch Commerce.com login page periodically to review the most current terms and conditions. Switch Commerce may also offer other services from time to time that are governed by different or additional terms and conditions. Switch Commerce Services are subject to any disclosures or disclaimers found within the Switch Commerce Services.

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REGISTRATION INFORMATION, PRIVACY AND PERSONALIZATION

When you register for a Switch Commerce Service, we may ask you to give us certain identifying information ("Registration"). You agree to provide true, accurate, current and complete information about yourself. You also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers or otherwise conceal your identity from Switch Commerce for any purpose. We agree to treat with care the information you entrust to us, in accordance with the disclosures we give during the registration process and in our Privacy Policy.

For your protection and the protection of our other customers and Web site users, we ask you not to share your Registration information (including passwords, User Names, and screen names) with any other person for the purpose of facilitating their access and unauthorized use of Switch Commerce Services. You alone are responsible for all transactions initiated, messages posted, statements made, or acts or omissions that occur within any Switch Commerce Service through the use of your Registration information.

Switch Commerce may offer you the opportunity to personalize a Switch Commerce Service or your online experience. While certain personalization features can provide a more convenient way to access the data and features most relevant to you, be aware that "cookies" and other similar identification techniques are used to associate you with the computer or electronic device that you are using. If you access Switch Commerce from a public location or if you otherwise share a computer or electronic device, some personalization features could reveal non-public personal information about you to others. You alone are responsible for deciding whether a particular personalization feature is appropriate for you and for any consequences that result from your decision.

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UNAUTHORIZED USE OF YOUR REGISTRATION

If you believe that someone has used your Registration information to access any Switch Commerce Service without your authorization, please call Switch Commerce immediately at (972) 550-8900.

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SWITCH COMMERCES LICENSE TO YOU

Switch Commerce grants you a single, non-exclusive, non-transferable and limited personal license to access and use the Switch Commerce Services. This license is conditioned on your continued compliance with the terms and conditions in the SCOSA.

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YOUR LICENSE TO SWITCH COMMERCE

Unless otherwise indicated for a particular Switch Commerce Service, any communications or material of any kind that you email, post or otherwise transmit through the Switch Commerce Services, including data, questions, comments, or suggestions (your "Communications") will be treated as non-confidential and non-proprietary. You hereby grant a license to Switch Commerce to reproduce, disclose, transmit, publish, broadcast, or post your Communications either on the Switch Commerce Web site or elsewhere with no liability or obligation to you. Switch Commerce is free to use any ideas, concepts, know-how, or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information.

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USE OF THIRD PARTY SERVICE PROVIDERS

Switch Commerce may use third party service providers to assist in providing certain Switch Commerce Services with or without notice to you (each, a "Third Party Service Provider"). Switch Commerce may also change Third Party Service Providers or may itself provide a Switch Commerce Service without the assistance of such third party. You consent and authorize Switch Commerce to delegate the authorizations you provide to Switch Commerce to its Third Party Service Provider(s) as Switch Commerce deems necessary or desirable to provide the applicable Switch Commerce Service to you. You agree that the terms and conditions of the SCOSA, including any of the other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement, inure to the benefit of such Third Party Service Providers and such Third Party Service Providers are deemed to be third party beneficiaries of the SCOSA, including any other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement. You also agree that all references to "Switch Commerce" within the SCOSA and any incorporated terms are also deemed to include, where applicable, Switch Commerce's agents, such as the Third Party Service Providers.

To protect the privacy and security of your personal information, Third Party Service Providers will only be authorized to use or maintain your personal information only in accordance with Switch Commerce's privacy policy.

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NOTICES, COMMUNICATIONS, AND ELECTRONIC SIGNATURES

You agree to accept all communications from us regarding use of the Switch Commerce Services at the addresses you provide during Registration. Please promptly update any changes to your registration information by using the "My Profile" link associated with each Switch Commerce Service. Switch Commerce is entitled to rely on the email address and U.S. mail address that you last provided to us. You agree to waive all claims resulting from failure to receive communications because of changes in your email or U.S. mail address. From time-to-time we would like to send you information about Switch Commerce products and services. If you register for a Switch Commerce Service, you are granting Switch Commerce permission to communicate with you by email. You can opt not to receive such information from us in the future by following the instructions in any email that we send to you.

You agree to be bound by any affirmation, assent or agreement you transmit through the Switch Commerce Services you access by computer or other electronic device, including internet, telephonic and wireless devices, including but not limited to any consent you give to receive communications from us solely through electronic transmission. You agree that, when in the future you click on an "I agree," "I consent" or other similarly worded "button" or entry field with your mouse, keystroke or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

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USE OF SWITCH COMMERCE SERVICES

The following requirements apply to your use of all Switch Commerce Services:

  • You will not use any electronic communication feature of a Switch Commerce Service for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful.

  • You will not upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.

  • You will not use any Switch Commerce Service for any commercial purpose not expressly approved by Switch Commerce in writing. You will not upload, post, email or otherwise transmit any advertising or promotional materials, including without limitation, "junk mail," "surveys," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or unauthorized communication.

  • You will not upload, post, email or otherwise transmit any material that contains viruses or any other computer code, files or programs which might interrupt, limit or interfere with the functionality of any computer software or hardware or telecommunications equipment.

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USE OF ACCESS DEVICES

With the exception of applications commonly known as Web Browser software, VoiceTMSâ„¢ or other applications formally promoted, endorsed or approved by Switch Commerce in writing, you agree not to use any software, program, application or any other device to access or log on to any Switch Commerce Service, including Switch Commerce's computer systems, Web site or proprietary software or to automate the process of obtaining, downloading, transferring or transmitting any Market Information or any other content to or from any Switch Commerce Service, including Switch Commerce's computer systems, Web site or proprietary software.

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SECURITY OF DATA TRANSMISSIONS AND STORAGE

Electronic (including wired and wireless) communications through the Switch Commerce Services may not be encrypted. You acknowledge that there is a risk that data, including email, electronic and wireless communications and personal data, may be accessed by unauthorized third parties when communicated between you and Switch Commerce or between you and other parties.

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MONITORING BY SWITCH COMMERCE

Switch Commerce, its affiliates and agents are entitled, but not obligated, to review or retain your Communications. We and our Third Party Service Providers may monitor your Communications to evaluate the quality of service you receive, your compliance with the SCOSA, the security of the Switch Commerce Services, or for other reasons. You agree that these monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Switch Commerce or its Third Party Service Providers monitor your Communications and enforce or fail to enforce the Rules and Guidelines of any Switch Commerce Service and the terms of the SCOSA. In no event will Switch Commerce or its Third Party Service Providers be liable for any costs, damages, expenses or any other liabilities incurred by you as a result of any monitoring activities.

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HYPERLINKS

Switch Commerce may make available links from a Switch Commerce Service to other, third party sites or electronic services providers that are not affiliated with Switch Commerce. Switch Commerce does not control these other sites or services, and Switch Commerce makes no representations or endorsements whatsoever concerning those sites or services. The fact that Switch Commerce has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are risks in using any information, software, service or product found on the Internet, and Switch Commerce cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold Switch Commerce liable for any loss or damage caused by use of or reliance on any content, goods or services available on other sites.

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DISCLAIMERS OF WARRANTIES

ALTHOUGH SWITCH COMMERCE TRIES TO PROVIDE ACCURATE AND TIMELY INFORMATION THROUGH ITS SWITCH COMMERCE SERVICES, THERE MAY BE INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS. SWITCH COMMERCE RESERVES THE RIGHT TO MAKE CHANGES AND CORRECTIONS AT ANY TIME, WITHOUT NOTICE. THE INFORMATION PROVIDED THROUGH THE SWITCH COMMERCE SERVICES IS PROVIDED "AS IS" AND "AS AVAILABLE." SWITCH COMMERCE DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE SWITCH COMMERCE SERVICES. SWITCH COMMERCE PROVIDES NO GUARANTEE AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. SWITCH COMMERCE EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION CONTAINED IN THE SWITCH COMMERCE SERVICES. SWITCH COMMERCE MAY CHANGE INFORMATION CONTAINED IN THE SWITCH COMMERCE SERVICES AT ANY TIME AND MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED IN THE SWITCH COMMERCE SERVICES. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THE SWITCH COMMERCE SERVICES.

FURTHER, SWITCH COMMERCE MAKES NO WARRANTIES REGARDING THE SWITCH COMMERCE SERVICES. SWITCH COMMERCE AND ITS AFFILIATES AND AGENTS (INCLUDING THIRD PARTY SERVICE PROVIDERS) DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SWITCH COMMERCE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER ELECTRONIC SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SWITCH COMMERCE OR THROUGH OR FROM THE SWITCH COMMERCE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

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LIMITATION OF LIABILITY AND INDEMNIFICATION

YOU AGREE TO INDEMNIFY AND HOLD SWITCH COMMERCE AND ITS AFFILIATES, AGENTS, EMPLOYEES, AND LICENSORS (INCLUDING THE THIRD PARTY SERVICE PROVIDERS) HARMLESS FROM ANY CLAIM, DEMAND, LOSS, COSTS OR EXPENSE, INCLUDING ATTORNEYS' FEES, MADE BY ANY PERSON ARISING OUT OF YOUR VIOLATION OF THIS AGREEMENT, STATE OR FEDERAL SECURITIES LAWS OR REGULATIONS, OR ANY OTHER PERSON'S RIGHTS, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF ANY COPYRIGHT OR VIOLATION OF ANY PROPRIETARY OR PRIVACY RIGHT.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL SWITCH COMMERCE OR ITS AFFILIATES, AGENTS, EMPLOYEES, OR LICENSORS (INCLUDING THIRD PARTY SERVICE PROVIDERS) BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY SWITCH COMMERCE SERVICE, EVEN IF ANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

IN NO EVENT WILL SWITCH COMMERCE OR ITS THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TORT, CONTRACT OR ANY OTHER LIABILITY ARISING IN CONNECTION WITH THE USE OF A SWITCH COMMERCE SERVICE, OR RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED BY SWITCH COMMERCE. SWITCH COMMERCE AND ITS THIRD PARTY SERVICE PROVIDERS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU AND/OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION, FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF SWITCH COMMERCE OR ITS THIRD PARTY SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SWITCH COMMERCE SERVICES; (ii) THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS OR PERSONALIZATION SETTINGS; (iii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SWITCH COMMERCE SERVICES; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SWITCH COMMERCE SERVICES; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY, EVEN IF THE THIRD PARTY HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vii) ANY OTHER MATTER RELATING TO THE SWITCH COMMERCE SERVICES. YOU AGREE THAT YOU WILL NOT IN ANY WAY HOLD SWITCH COMMERCE RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES (INCLUDING THIRD PARTY SERVICE PROVIDERS) IN CONNECTION WITH THE SWITCH COMMERCE SERVICES.

Because some states prohibit the limitation of liability for consequential or incidental damages, in such states the limitation of liability only with respect to consequential or incidental damages may not apply to you, and the respective liability of Switch Commerce and its Third Party Service Providers, employees, distributors and agents is limited to the greatest extent allowable under applicable law in those states. In the event that a court or arbitration panel, as the case may be, should hold that the limitations of liabilities or remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for any reason, or that any of your remedies under this Agreement fail then you expressly agree that under no circumstances will the total, aggregate liability of Switch Commerce and its Third Party Service Providers, employees, distributors, agents or affiliates, to you or any party claiming by or through you for any cause whatsoever exceed $100 (U.S.), regardless of the form of action and whether in contract, statute, tort or otherwise.

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RESTRICTIONS ON USE

Except as otherwise permitted by Switch Commerce, no materials from the Switch Commerce Services or any site owned, operated, licensed or controlled by Switch Commerce may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on the Switch Commerce Services for non-commercial, personal use. If you do so, you agree to retain all copyright and other proprietary notices contained on the materials. You may not use, distribute, modify, transmit, or post the content of the Switch Commerce Services for public or commercial purposes, including any text, images, audio, or video without Switch Commerce's written permission.

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TRADEMARKS AND COPYRIGHTS

The Switch Commerce Services are owned by Switch Commerce or its affiliates or agents (including the Third Party Service Providers) and are protected by United States copyright laws and international treaty provisions. All content, trademarks, services marks, trade names, logos, and icons are proprietary to Switch Commerce or its affiliates, licensors or agents (including the Third Party Service Providers). Other third-party products and brand names may be trademarks or registered trademarks of their respective owners, and may not be affiliated with Switch Commerce. Nothing contained in the Switch Commerce Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Switch Commerce Services without the written permission of Switch Commerce or such third party that may own the trademarks displayed on the Switch Commerce Services. Your use of the trademarks displayed on the Switch Commerce Services, or any other content in the Switch Commerce Services, except as provided herein, is strictly prohibited.

Images displayed through the Switch Commerce Services are either the property of, or used with permission by, Switch Commerce. You are prohibited from using or authorizing the use of these images unless specifically permitted under the SCOSA. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes. Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Switch Commerce has designated an agent to receive notifications of claimed infringement, as described within our Copyright Policy.

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MODIFICATIONS, SUSPENSIONS AND TERMINATIONS OF SWITCH COMMERCE SERVICES

Switch Commerce reserves the right to modify or discontinue temporarily or permanently, a Switch Commerce Service (or any part thereof) with or without notice. You agree that Switch Commerce will not be liable to you or to any third party for any modification, suspension or discontinuance of a Switch Commerce Service. Please keep in mind that extended periods of inactivity may also result in your enrollment in a Switch Commerce Service being canceled. The license granted under the SCOSA will terminate if Switch Commerce believes that any information provided by you, including your email address, is no longer current or accurate, or if you fail to otherwise comply with any term or condition of the SCOSA and all Rules and Guidelines for each Switch Commerce Service. Upon such violation, you agree to terminate access to the Switch Commerce Services.

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GOVERNING LAW

The SCOSA, and all future agreements you may enter into with Switch Commerce, unless otherwise indicated on such other agreement, will be governed by the law of the state of Texas, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with Switch Commerce in Texas or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, you agree to submit to the personal and exclusive jurisdiction of the courts located within the City and County of Dallas, Texas. If any part of the SCOSA is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

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Click "I agree" for Your Signature

As noted above in the Consent to Electronic Records section, by clicking "I agree" you will be signing this Agreement with a binding electronic signature, and you acknowledge that you have read and understood this Agreements terms and conditions.

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