These Terms and Conditions (“Agreement“) are a
legally binding agreement between the user
(“User” or “you“) of
the Alicom Solutions Services and
Applicable Alicom Solutions Company (“ Alicom
Solutions “, “ Alicom Solutions
“, “we” or “us“)
as described herein.
Please make sure you fully understand the contents of this
Agreement. If you have any doubts about any of your rights and
obligations resulting from your acceptance of this Agreement,
please consult us or obtain legal support.
Alicom Solutions does not guarantee or assume
responsibility for any product or content advertised by a
third party. Before endorsing the suggested products
by Alicom Solutions, one must do in-depth research and
check if the product has copyright, property, or privacy
right.
This Agreement includes and hereby incorporates by reference
the API Terms of Use, as such agreement may be in effect and
modified by Alicom Solutions from time to time.
IF YOU DO NOT AGREE WITH ANY PROVISION OF THIS AGREEMENT, YOU
MAY NEITHER CONTINUE WITH THE PROCESS OF REGISTRATION NOR
FURTHER USE THE SERVICES.
SERVICES
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Definition: The “Services” consist of a
suite of online marketing and management tools for search
engine optimization (“SEO“), social media and
digital marketing located at https://www.alicomsolutions.net/ (the “Website“), which includes tools for
research and analysis, link building, campaign management,
automated tracking of search engine performance, analytics
and conversion tracking and SEO reports, instruments for
content and contact management. Among other things, the
Services enable Users to (a) conduct internet-advertising
campaigns, (b) obtain information related to their ongoing
advertising campaigns, (c) generate reports and analytics on
web pages or advertising campaigns, and (d) access an
extensive array of resources, including but not limited to,
an online platform and its application programming interface
(“API“).
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Changes: We reserve the right to change the terms or
specifications of any Services in our discretion, with or
without prior written notice to the Users, by replacement of
text of this Agreement or description of paid subscription
plans on the Website or by written notice to you. Any
changes will take effect immediately unless otherwise stated
in the notice of change. If any amendment is unacceptable to
you, your only recourse is to terminate relations
with Alicom Solutions. Your continued use of the
Services following our notice of change will constitute a
binding acceptance of the Agreement, as amended.
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Additional Services: Unless explicitly stated
otherwise, any new features that augment or enhance the
currently offered Services, including the release of
new Alicom Solutions services, shall be subject to
this Agreement.
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Right to Use Services: Alicom Solutions hereby
grants you permission to use the Services and the Website
solely as set forth in this Agreement and in the manner set
forth on the Website. In the event of any conflict between
the terms of this Agreement and the Website, the terms of
this Agreement shall prevail. Any use of the Services other
than as set forth in this Agreement or in violation of any
term of this Agreement will result in suspension or
revocation of your use privileges in our sole discretion.
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Suspension or Termination of Services: Notwithstanding
anything stated or implied to the contrary in this
Agreement, we may at any time, without derogating from our
other rights under this Agreement, applicable law or
otherwise, suspend or terminate any or all of the Services,
effective immediately upon issuance of a written notice.
Such suspension or termination may also apply, as the case
may be, to specific jurisdictions, lines of business and
otherwise or to a specific customer or a group of Users.
Notwithstanding the foregoing, solely with respect to Users
of paid Services, whenever reasonably possible, such Users
may be given up to thirty (30) days after notice of
suspension or termination of their User account to back-up
the data stored in their account before it may be removed
entirely from our servers.
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Third Party Services: We reserve the right to use third
party service providers in the provisions of all or part of
the Services including, but not limited to, hosting
providers, payment processing services, information and
communication services, analytics services, internet
advertising platforms, advertising service providers and
platforms. Where any of the aforementioned services are
provided by third parties, the User may be subject to such
third party’s terms and conditions. We accept no
responsibility for services provided by any third party.
REGISTRATION AND ACCOUNT
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Use of the Services: You may use the Services either as
a registered or as an unregistered User. However, you may
not use the Services, either as a registered or unregistered
User if you are not of legal age to enter into a contract in
your jurisdiction or if do not have the authority to accept
this Agreement. If you are under 18, please do not attempt
to register for the Services or send any information about
yourself to us, including your name, address, telephone
number, or email address. If we learn that we have collected
personal information from anyone under age 18 without
verification of parental consent, we will delete that
information as quickly as possible. Registering as a User
may provide you with the following additional benefits over
using the Services in a visitor (non-registered) capacity:
tracking marketing campaigns and seeing requests history,
keeping your preferences and other settings, etc.
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Acceptance: By using the Services, you accept the terms
of this Agreement and you fully authorize us to obtain,
process, store, use and transmit your personal data in
accordance with our Privacy Policy, which forms an integral
part of this Agreement.
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User Representations: By using the Services, you
represent and warrant that (a) all registration information
you submit is truthful and accurate; (b) you will maintain
the accuracy of such information; (c) you are at least 18
years of age and have the capacity and authority to enter
into this Agreement; and (d) your use of the Services does
not violate any applicable law or regulation.
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Registration; Billing: To register as a User, you have
to create a user account on the Website by following
registration procedures and instructions set forth therein.
There is no cost to create an Alicom Solutions
User account. However, in order to access certain paid
features of the Services, you will be required to provide
billing details. As a registered User, you agree to notify
us promptly of any changes to your billing details.
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Login, Password and API Key: You are solely and fully
responsible for the maintenance of all of
your Alicom Solutions user accounts,
including, but not limited to, your User login, password and
API key. The API key is a form of access token provided
by Alicom Solutions, and can only be affiliated
with one User account (the “API Key”). You agree
not to share your API Key with any third parties.
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User Responsibilities: You are responsible for all of
the following with respect to your use of the Services:
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maintaining the security of your User account and all
the activity that occurs on your User account;
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maintaining accurate account information at all times,
including a valid email address and billing information
and updating such information as necessary;
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obtaining access to the Services, and that access may
involve third-party fees (such as Internet service
provider or airtime charges); and
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obtaining and maintaining all equipment necessary to
access the Services.
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Prohibited Uses: You are expressly prohibited from
using the Services in any of the following ways or for any
of the following purposes:
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No Illegal Purpose: You may not use the
Services for any illegal or unauthorized purpose,
including in any way that violates copyright or other
applicable laws.
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No Tampering: You may not use the Services
in a way that is detrimental to the operation of the
Services or the access or use of the Services by anyone
else. You will not upload or transmit viruses, worms or
any other destructive code. The restrictions in this
Section applies to any use that interferes or attempts
to interfere with the normal operations of the Services,
including by hacking, deleting, augmenting or altering
the Services.
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Permission Required: You may not, without
our prior written permission and, solely with respect to
lease, resale and sublicense, except as may be
specifically allowed under your paid subscription plan,
(i) copy, distribute (including by framing any of the
Services on any website), modify, enhance, translate,
reproduce, sell, resell, sublicense, rent, lease, or
otherwise attempt to exploit the Services or any data
resulting therefrom; (ii) decompile, disassemble,
reverse engineer, or otherwise attempt to discover the
source code; (iii) make derivative works of the
Services; (iv) remove, obscure, or alter any copyright
notice, trademarks, or other proprietary rights notices
affixed to or contained within or accessed in
conjunction with or through the Website or Services; (v)
modify another website so as to falsely imply that it is
associated with the Services, Alicom
Solutions or any other Alicom
Solutions products or services; or (vi) make the
Website or the Services or any part thereof available to
others in a service undertaking or outsourcing
arrangement or for any other commercial time-sharing,
data processing or other third party use.
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Inquiries: You agree not to forward (i)
more than 10 inquiries per 1 second from one unique IP
address, (ii) more than 10 simultaneous inquiries from 1
User, or (iii) more than 2 simultaneous export
inquiries.
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Automatic Inquiries: All automatic
inquiries are prohibited.
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Special Access and Testing: If you are invited or
clearly provided with access to beta testing new tools and
resources, which are not made available to our users broadly
(“closed beta”), you should not rely on, nor
expect, the continued availability of these new tools and
resources. Any such access to beta test new tools and
resources, if any, is conditioned upon your agreement not to
disclose any information about these new tools and resources
or your experience with using them to third parties.
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Assignment: A User may not assign, transfer, exchange,
pool or barter any of its rights or obligations under this
Agreement or the User account, unless expressly permitted
by Alicom Solutions in writing. Any
violation of the foregoing restrictions is grounds for
immediate User account termination. For changes in access
under corporate subscriptions to the Services we may require
from you a detailed explanation of changes in your
circumstances, along with confirmation of employment and
other reasonable information and relevant documents.
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De-Registration: You may delete your User account at
any time. Note that doing so will delete all your data and
information stored on Alicom Solutions
servers and Alicom Solutions will
bear no responsibility for such loss of data or information.
All Service fees incurred prior to de-registration will be
due and owing, until paid in full, such de-registration
notwithstanding.
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Termination by Alicom Solutions
: Alicom Solutions reserves the right to
terminate any User account for abusive or fraudulent
activity, for failure to comply with this Agreement, or for
any other reason in its sole discretion.
FEES AND SETTLEMENT
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Service Fees: With respect to paid Services, User will
be charged the fees set forth in the relevant section on
the Alicom Solutions Website located
at https://www.alicomsolutions.net or as otherwise offered on the Website for a
particular subscription plan (the “Fees“).
The Fees, unless explicitly shown during the process of
purchasing a subscription plan and following confirmation
thereof, are exclusive of value added tax and any additional
or other taxes, charges or duties which may be imposed in
connection with any and all payments made or due hereunder
and shall, if applicable, be borne, respectively registered
and duly declared by User.
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Promotional Giveaways: From time to time we may offer
promotional giveaways of the Services, subject to the
specific rules that we will announce at the time of any such
promotional giveaway. Users shall bear sole responsibility
for any and all income tax consequences that may result from
their winning any such giveaway. Further, solely to the
extent required by applicable laws, Users agree to submit to
us duly completed tax forms, to enable us to make all
required filings with tax authorities.
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Change in Fees: We may change the Fees and/or introduce
new charges in addition to the Fees in our sole discretion
upon thirty (30) days’ prior written notice to the
User. Notwithstanding the foregoing, we may increase the
Fees, immediately and with contemporaneous notice, in the
event of (a) any change in the services or fees of our third
party service providers; (b) changes in the Services which
are made at your request; or (c) delays and/or other issues
due to User failure to fulfill User obligations or due to
User request to delay work for any reason.
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Payment: Any Fees shall be prepaid one month or one
year in advance, or as otherwise offered on the Website for
a particular subscription plan, at the option of the User by
credit card or other payment method accepted on the Website.
All prepaid amounts and Service plans will be reflected in
the User account. Any bank fees and charges shall be borne
solely by User.
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Refund policy: We provide paid Services on a prepaid
basis. Users may discontinue their use of any Services at
any time in accordance with instructions posted on the
Website. The date and time of any cancelation of paid
Services shall be the date and time on which the User
completes the full cancelation process. The Fees for the
Services may be refundable in whole or in part as set forth
herein: https://www.alicomsolutions.net/privacy-policy/
Repeated registrations or/and subscriptions for paid Services
and cancellations, followed by requests for refunds, by a User
may, in our sole discretion, be deemed to be in bad faith, and
we reserve the right to withhold Service to any such offending
User and refuse any refund otherwise available to such User.
OWNERSHIP AND INTELLECTUAL PROPERTY; USE OF TRADEMARKS
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All Rights Reserved: User acknowledges and agrees that
all rights, title, and interest in, any and all intellectual
property rights of all types or nature whatsoever,
including, without limitation, patent, copyright, trademark,
database rights as well as moral rights, know-how and trade
secrets (and any licenses in connection with any of the
same), whether or not registered or capable of registration,
and whether subsisting in any specific country or countries
or any other part of the world, in the Services, the
platform used to provide the Services (technology, hardware,
software, etc.), any code or software (SDK, API, etc.) which
may be provided to User or for User’s use under this
Agreement and any work products created and/or delivered
herein and related documentation (forming
the Alicom Solutions Website and Services)
are and will remain solely and exclusively our property
and/or the property of Alicom Solutions
, Alicom Solutions licensors or
affiliates. User is granted no title or ownership rights in
the Alicom Solutions Website or Service.
User’s right to use the Website, Services and any part
thereof is strictly limited to the provisions of this
Agreement and we reserve all rights not expressly granted
herein.
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User’s Marks: User hereby grants us a worldwide,
non-exclusive, unlimited and royalty-free license to use
User’s brands, names, logos, trademarks, trade names
and service marks as used by User for informational and
advertising purposes only.
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Feedback: Users are under no obligation to
give Alicom Solutions any ideas,
suggestions, comments or other feedback related to the
Website, the Services, or the business or operations
of Alicom Solutions . If any User shares
ideas, suggestions, comments, or other feedback
with Alicom Solutions , Alicom
Solutions own such idea, suggestion, comment or
feedback. User hereby assigns all of User’s right,
title, and interest in such an idea, suggestion, comment, or
feedback to Alicom Solutions and agrees
that Alicom Solutions will be free to use
and implement same, without restriction or obligation of any
kind, without, however, any obligation to do so.
TERMINATION
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Termination Right: Either party may terminate this
Agreement at any time in its sole discretion with written
notice to the other if terminated by Alicom
Solutions , which notice shall be at least 30 days
prior to the termination date if to a User of paid Services.
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Effect of Termination: Upon termination of this
Agreement, all rights of the affected User with respect to
the use of the Website or Services shall terminate
immediately.
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Survival: Upon any termination of this Agreement for
any reason, all provisions regarding indemnification,
warranty, liability and limits thereon, and confidentiality
and protection of proprietary rights and trade secrets, and
any provisions which expressly or by their nature are
required to survive such termination in order to achieve
their purpose, shall so survive until it shall no longer be
necessary for them to survive in order to achieve their
purpose.
WARRANTY DISCLAIMER & LIMITATION OF LIABILITY
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Disclaimer: EXCEPT WHERE PROHIBITED BY LAW, THE
SERVICES AND THE WEBSITE ARE PROVIDED “AS-IS”
AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ANY
WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO
WARRANTY THAT THE SERVICES OR THE WEBSITE (A) WILL MEET YOUR
REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE
ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE,
COMPLETE, LEGAL, OR SAFE. WE FURTHER MAKE NO WARRANTIES OR
REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF
THE CONTENT ON ANY SITES LINKED TO ON THE WEBSITE.
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Limitation of Liability: In no event
shall Alicom Solutions , its officers,
directors, employees, or agents, be liable to you or to any
third party for any direct, indirect, incidental, special,
punitive, or consequential damages whatsoever arising from
or related to either this Agreement, or use of the Services
or the Website. Our liability to you for any damages arising
from or related to this Agreement, will at all times be
limited to the greater of (a) fifty dollars ($50) or (b)
amounts you have paid to us in the prior 12 months (if any).
The existence of more than one claim will not enlarge this
limit. The foregoing limitation of liability shall apply to
the fullest extent permitted by law in the applicable
jurisdiction.
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Third Party Products and Services: Alicom
Solutions does not warrant, endorse, guarantee, or
assume responsibility for any product or service advertised
or offered by a third party through the Website or any
hyperlinked website or featured in any banner or other
advertising, and Alicom Solutions will not
be a party to or in any way be responsible for monitoring
any transaction between you and third-party providers of
products or services.
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Other Jurisdictions: We make no representations that
the Services or the Website are appropriate or available for
use in all locations. Those who access or use the Services
or the Website from jurisdictions prohibiting such use, do
so at their own volition and are responsible for compliance
with local law.
INDEMNITY
You agree to defend, indemnify and hold
harmless Alicom Solutions and its officers,
directors, employees and agents, from and against any and all
claims, damages, obligations, losses, liabilities, costs or
debt, and expenses (including but not limited to
attorney’s fees) arising from: (a) your use of and
access to the Services and the Website; (b) your violation of
any term of this Agreement; or (c) your violation of any third
party rights, including without limitation any copyright,
property, or privacy right. This defense and indemnification
obligation will survive the termination of this Agreement and
your use of the Services and the Website.
EXPORT RESTRICTIONS
Exports, re-exports, and transfers of Alicom
Solutions products and services, including technology,
software, software source code, technical data, related
technology, and the direct products thereof, including the
Website content and the Services (the “
Alicom Solutions Items“) are subject to US export
controls and sanctions, the most important of which are
administered by the Commerce Department’s Bureau of
Industry and Security (“BIS“) under its Export
Administration Regulations (“EAR“), the Treasury
Department’s Office of Foreign Assets Controls
(“OFAC“) under its Foreign Assets Control
Regulations, and other applicable export control laws and
regulations of non-U.S. government agencies. You may not
access, download, distribute, use, export, or re-export
the Alicom Solutions Items in violation of
United States export laws or regulations, or in violation of
any other applicable laws or regulations. You agree to comply
with all export laws and restrictions and regulations of any
United States or foreign agency or authority, and not to
directly or indirectly provide or otherwise make available
the Alicom Solutions items in violation of any
such restrictions, laws or regulations, or without all
necessary approvals, including, without limitation, for the
development, design, manufacture or production of nuclear,
chemical or biological weapons of mass destruction nor will
you use the Alicom Solutions Items for a
military end-use or a military end-user in China, Russia or
any other country designated in EAR Supplement No. 1 to Part
740, Country Group D1. The Alicom Solutions
Items may not be downloaded or otherwise provided or
made available, either directly or indirectly, (i) into Iran,
Libya, North Korea, Sudan, Myanmar, Syria or any other country
subject to U.S. trade sanctions, to individuals or entities
controlled by such countries, or to nationals or residents of
such countries other than nationals who are lawfully admitted
permanent residents of countries not subject to such
sanctions; or (ii) to anyone on the U.S. Treasury
Department’s list of Specially Designated Nationals and
Blocked Persons or the U.S. Commerce Department’s Table
of Denial Orders. By agreeing to this Agreement, you agree to
the foregoing and represent and warrant that you are not
located in, under the control of, or a national or resident of
any such country or on any such list and that you will not
share the Alicom Solutions Items with anyone
whose status is described in items (i) and (ii) above.
GENERAL PROVISIONS
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Assignment: This Agreement, any part thereof or any
rights or obligations under it may not be novated, assigned,
outsourced or transferred by you without our advance written
consent, but may be assigned by us without restriction or
limitations. Any assignment or transfer in violation of the
aforementioned provisions shall be deemed null and void.
Subject to the forgoing, the provisions of this Agreement
shall be binding upon and inure to the benefit of the
parties hereto and their respective successors and assigns.
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Force Majeure: We shall not be liable for failing or
delaying performance of our obligations resulting from any
condition beyond our reasonable control, including but not
limited to, use of third parties’ equipment or
services, communications failure, governmental action, war,
acts of terrorism, earthquake, fire, flood or other acts of
God, labor conditions, power failures, and Internet
disturbances.
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Electronic Notice: You agree to receive communications
from us in an electronic form. Electronic notices will be
delivered to your email address, which you used for
registration purposes, as it may be subsequently changed by
you by written notice to us. All communications in
electronic format will be considered to be “in
writing” and to have been received on the day that we
send them. We reserve the right, but assume no obligation,
to provide communications in paper format.
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Entire Agreement: This Agreement, together with the
Privacy Policy, shall constitute the entire agreement
between you and Alicom Solutions concerning
your use of the Website and the Services. However, terms and
conditions of some other Alicom Solutions
services and products, like our Blog, affiliate
program Clickbank, our Webinars and other, may impose
additional terms, which can be found in the terms and
conditions for such services and products.
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Languages: This Agreement is in the English language,
which prevails over any translations of it to other
languages, made by us and provided to you for your
convenience, as applicable. The Service is designed in the
English language and its translations into other languages
may contain inaccuracies for which we shall not bear any
responsibility; we suggest using the English version and
resorting to versions in other languages only for references
and at your own risk. You also agree to have all
communications with us in English.
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No Waiver: No failure or delay by a party to exercise
any right or remedy provided under this Agreement or by law
shall constitute a waiver of that (or any other) right or
remedy, nor preclude or restrict its further exercise. No
single or partial exercise of such right or remedy shall
preclude or restrict the further exercise of that (or any
other) right or remedy; and will not be construed as a
waiver of any subsequent breach or default under the same or
any other provision of this Agreement.
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Severability: All the provisions of this Agreement are
distinct and severable. If any provision of this Agreement
(or part of any provision) is found by any court or other
authority of competent jurisdiction to be invalid,
unenforceable or illegal, this shall not impair the
operation of this Agreement or affect the other provisions
which are valid.
PRIVACY
Use of the Services is also governed by our Privacy Policy,
the provisions of which are adopted herein by reference so
when we refer to this Agreement we also refer to the Privacy
Policy.
CONTACTS
We are always available to be reached by e-mail
at support@alicomsolutions.net.