PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING ANY PAGE OF THE DATAFOX WEBSITE
(THIS “SITE”) OR USING ANY DATAFOX SERVICE (COLLECTIVELY, THE “SERVICE”),
YOU (“CLIENT”) AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL OTHER TERMS
INCORPORATED BY REFERENCE.
FOR FURTHER INFORMATION, PLEASE REFER TO THE HELP SECTION OR FREQUENTLY ASKED QUESTIONS ON
THIS SITE, OR CONTACT DATAFOX AT email@example.com.
LAST UPDATED: November 21, 2018
- DATAFOX SERVICE
- Subject to these Terms of Service, DataFox will provide to Client the Service as described
in the Client’s order (“Order”). These Terms of Service govern any free
trial period as well as the paid term of any Order. Only Client and Authorized Users
(as defined below) may use the Service. Client shall designate as
“Authorized Users” Client’s employees, consultants, contractors and
subcontractors needing to access and use the Service for Client’s internal business
purposes, up to the number of Authorized Users specified in Client’s Order (if such
number is specified). Client and each of its Authorized Users are subject to these
Terms of Service. Client is responsible for the compliance with these Terms of Service
by its Authorized Users, and Client is responsible for any breach of these
Terms of Service by its Authorized Users or any other Client personnel. Where the
context requires, requirements and prohibitions in these Terms of Service shall
apply to both Client and Authorized Users, even if expressed as a Client requirement
relating to what information and data, including personal data, we collect and how
- DataFox will use commercially reasonable efforts to make this Site and the Service
available to Client. Client acknowledges and agrees that such availability is subject
to: (a) planned maintenance downtime, and (b) any unavailability caused by urgent
maintenance or circumstances beyond DataFox’s control. DataFox will use commercially
reasonable efforts to provide Client support as described in Client’s Order.
- Client acknowledges and agrees that DataFox uses third party vendors and hosting
partners to provide the necessary hardware, software, networking, storage, and
related technology required to run the Service, and that the technical processing
and transmission of the Service involve encrypted transmissions.
- DataFox reserves the right at any time to modify, augment, enhance or discontinue,
temporarily or permanently, the Service (or any part thereof) (each, a
“Service Change”), provided that in each instance DataFox is making
such Service Change for its customers generally. Use of any new Service features,
tools and resources are subject to these Terms of Service. Should DataFox discontinue
or materially degrade any material feature of the Service, DataFox will promptly
provide notice to Client and (a) DataFox will provide Client with an appropriate
price adjustment, or (b) Client may terminate this Agreement by giving written
notice to DataFox and paying any Service fees due (prorated through the date of
termination) and DataFox will provide a prorated refund of any prepaid Service fees.
- DataFox reserves the right to change or modify these Terms of Service from time to
time. If such change or modification materially reduces Client’s rights, Client may
terminate this Agreement by giving written notice to DataFox and paying any Service
fees due (prorated through the date of termination), and DataFox will provide a
prorated refund of any prepaid Service fees. Any change or modification will be
effective upon posting on this Site. Client is advised to review these Terms of
Service periodically to ensure compliance with the most recent terms. Client’s
continued use of the Service following the posting of any change or modification
of the Terms of Service will constitute Client’s acceptance of such change or
stop accessing and using the Service immediately.
- DataFox represents and warrants that DataFox has acquired from its partners all
necessary rights to include in the Service the DataFox Content provided by such
partners. DataFox will provide the Service in accordance with all applicable laws,
rules and regulations.
- CLIENT AND AUTHORIZED USER RESPONSIBILITIES
- Authorized Users must be human beings (persons). Authorized Users must provide their
correct legal full name, a valid email address, and any other information requested in
order to complete the registration process.
- Each Authorized User account may only be used by one person. If DataFox determines
that account sharing has occurred, DataFox reserves the right to charge Client for
each individual using the Authorized User account. If account sharing continues after
DataFox gives Client written notice of account sharing with regard to one or more
specified Authorized User accounts, DataFox may terminate Client’s access to the
Service under the terms of Section 9(b) below.
- Client and Authorized Users are responsible for maintaining the security of
Client’s account and password. DataFox is not liable for any loss or damage
resulting from Client’s or Authorized User’s failure to protect Client’s account
or comply with Client’s or Authorized Users’ obligations under these Terms
- Client may use the Services for a 30-day trial period by registering for a trial
account on the Site. Repeat trial account signups are not allowed. DataFox reserves
the right to cancel any trial accounts at any time, with or without cause. Services
provided during a trial period are provided “as is” and without warranty, and DataFox
does not provide support for such Services.
- Subject to Client’s compliance with these Terms of Service, DataFox grants Client
(i) a limited, non-assignable (except as provided in these Terms of Service),
revocable right to access and use the Service for Client’s internal business use only,
and (ii) a limited, non- exclusive, revocable, non-sublicensable license to download,
print and use DataFox Content for internal business use only. “DataFox Content”
is part of the Service and means data records of companies, the format and presentation
of such data, and any other text, charts, graphics, commentary, derived insights and
other information created and made available to Client by DataFox.
- Client and Authorized Users are not permitted to: (i) reproduce, duplicate, copy,
sell, resell, lease or distribute the Service, including DataFox Content, in whole
or in part, to or on behalf of any third party; (ii) publicly perform or display the
Service, including DataFox Content, in whole or in part; (iii) modify or make any
derivative uses of the Service, including DataFox Content, in whole or in part;
(iv) use any manual or automated data mining, scraping, crawling, spiders, robots
or similar data gathering or extraction methods on any webpage, screen or other
content contained in, generated by or relating to the Service; (v) introduce or
transmit any worms, viruses, malware or any code of a destructive nature onto or
via the Service; (vi) download (other than the page caching) any portion of the
Service or DataFox Content, except as expressly permitted by these Terms of Service
or the functionality of the Service; (vii) use the Service, including DataFox Content,
except as expressly permitted by these Terms of Service; (viii) access or use the
Service for monitoring the Service’s availability, performance or functionality,
or for any other benchmarking or competitive purposes; or (ix) conduct any activity
using the Service, including DataFox Content, that is in violation of any applicable
laws and regulations, including, without limitation, all national, state, local and
other laws and regulations (collectively, “Client Prohibitions”). Uses
expressly permitted by these Terms of Service include but are not limited to downloading
into spreadsheets for internal business analytical uses, and uploading into Client’s
CRM system for internal business purposes.
- Unless explicitly stated herein, nothing in these Terms of Service will be construed
as conferring any license to intellectual property rights, whether by estoppel,
implication or otherwise.
- Client shall indemnify, defend and hold DataFox and its employees, managers, officers,
and agents (collectively, the “Indemnitees”) harmless from and against
any claim, demand, suit or proceeding made or brought against an Indemnitee by a third
party (i) arising out of Client’s or Authorized Users’ use of the Service, including
DataFox Content, in violation of these Terms of Service or of applicable
laws, rules, or regulations, or (ii) alleging that any Client Content or
Client’s or Authorized Users’ unauthorized use of the Service infringes or
misappropriates the intellectual property rights, or violates the privacy or
other rights, of a third party. Client shall indemnify the Indemnitees from and
against any related damages, losses, liabilities, expenses, attorney fees and costs.
- Client’s Order may limit the number of company profile synchronizations
(aka lead exports) per month to Client’s CRM or the number of results views in list
form. Client does not have the right to carry forward, or obtain credit for, or
provide to others, any unused lead exports or result views in any month. If Client
requires access to more data than allowed under Client’s Order, Client may contact
DataFox to order additional Services. In no event shall Client or an Authorized User
provide any leads or information (or any information in or extracted from or derived
from any leads) to any third party (other than Client’s CRM system), even if Client
or Authorized User has exported and stored such leads or information in or to another
- THIRD PARTY CONTENT AND APPS
- Client understands that the Service gathers, organizes and derives insights on companies
based on available information and data provided by third parties or contributed by Clients
(together, “Third Party Content”). DataFox does not pre-screen Third Party
Content that may be presented or available through the Service. DataFox has the right
in its sole discretion to limit, restrict or remove any Third Party Content from the
Service. DataFox makes no claim or representation regarding, and accepts no responsibility
for, the quality, content, nature or reliability of any Third Party Content. DataFox
does not represent or warrant the accuracy of any Third Party Content, undertakes no
responsibility to update or review any Third Party Content, and makes no guarantee as
to the accuracy, timeliness or completeness of any Third Party Content. Providing
Third Party Content or attribution to the source of any Third Party Content does not
imply affiliation, endorsement or adoption by DataFox of the Third Party Content or
Third Party Content provider. In the event that a Third Party Content provider requires
DataFox to remove or discontinue use of any Third Party Content, DataFox may in turn
direct Client to cease using such Third Party Content and expunge it from Client’s
platforms. Client agrees to comply promptly with any such direction. Third parties
from whom DataFox licenses (or acquires via subscription) Third Party Content
(including but not limited to Zoom Information Inc.) shall be third party beneficiaries
to, and have the right to enforce the provisions of, these Terms of Service as it
relates to their Third Party Content.
- Third party applications or services (“Third Party Apps”) may be available
through the Service. DataFox does not warrant, and is not responsible for the legality,
quality, accuracy, integrity, fitness, reliability, or availability of any Third Party
Apps that Client may connect to through or with the Service, or any descriptions or
promises related to such Third Party Apps. Client’s agreement to use such Third Party
Apps will be solely between Client and such Third Party App provider.
- If Client installs or enables Third Party Apps for use with the Service, or accesses
the Service from the Third Party Apps, Client acknowledges and agrees that:
(i) DataFox may allow such Third Party Apps providers to access Client’s data for
provisioning or interoperation of the Third Party Apps with the Service;
(ii) Client is solely responsible for ensuring that it has obtained all necessary rights,
licenses and authorizations from the Third Party App provider; and (iii) DataFox will
not be responsible for any disclosure, modification or deletion of Client’s data by a
Third Party App provider. If Client obtains any custom data via Third Party Apps through
the Service, Client is responsible for obtaining all necessary rights, licenses and
authorizations to use such custom data, and to authorize DataFox to host, transmit
and display such custom data. If Client does not want to permit the exchange of
Client’s data or account information with Third Party Apps, Client should not
enable or should disable such Third Party Apps for use with the Service.
- The Service may provide links to third-party websites (“Third Party Sites”)
where Client may obtain Third Party Content. DataFox makes no claim or representation
regarding, and accepts no responsibility for, the quality, content, nature or
reliability of any Third Party Sites, or Third Party Sites linking to the Service.
Such Third Party Sites are not under the control of DataFox and DataFox is not responsible
for any Third Party Site, any content, links or services on such Third Party Site, or any
review, changes or updates to a Third Party Site. DataFox provides links to
Third Party Sites to Client only as a convenience, and the inclusion of any link does
not imply affiliation, endorsement or adoption by DataFox of any Third Party Site.
When Client leaves this Site, Client understands and agrees that the terms and
policies of the provider of the Third Party Site, not those of DataFox, will
govern Client’s use of the Third Party Site.
- DataFox may run advertisements and promotions from third parties on the Service or
may otherwise provide information about or links to third-party products or services.
Client’s dealings or correspondence with, or participation in promotions of, such
third parties, and any terms, conditions, warranties or representations associated
with such dealings or promotions, are solely between Client and such third party.
DataFox is not responsible or liable for any loss or damage of any sort incurred by
Client as the result of any Client’s dealings with or reliance on any such third
party advertising, promotions or information.
- INTELLECTUAL PROPERTY
- The Service and DataFox Content, including, without limitation, any and all logos,
designs, text, graphics, pictures, information, data, software, algorithms, sound
files, other files, any selection and arrangement of any of the foregoing and
anything else provided by the Service are the property of DataFox or its licensors
and are protected by U.S. and international intellectual property laws. The copyrights
of the look and feel of the Service and DataFox Content are the sole and exclusive
property of DataFox. Client may not duplicate, copy, distribute or reuse any portion
of the HTML/CSS or visual design elements of the Service or DataFox Content without
the prior written consent of DataFox. Third Party Content is the property of its
respective owners and licensors.
- The DataFox name, logos and slogans are trademarks of DataFox. Without the prior
written permission from DataFox, Client may not: (i) copy, imitate or use, in whole
or in part, any DataFox mark; or (ii) use any metatags or any other “hidden text”
utilizing “DataFox” or any other name, trademark or product or service name of DataFox.
The look and feel of the Service, including all page headers, custom graphics, button
icons and scripts, is the service mark, trademark and/or trade dress of DataFox and
may not be copied, imitated or used, in whole or in part, without DataFox’s prior
written permission. Client may not remove, alter or obscure any copyright, trademark,
service mark or other proprietary rights notices incorporated in or accompanying the
Service. All other trademarks, product names and company names or logos mentioned by or
appearing in the Service are the property of their respective owners. Reference in the
Service to any third party products, services, processes or other information, by
trade name, trademark, manufacturer, supplier or otherwise, does not constitute or
imply endorsement, sponsorship or recommendation thereof by DataFox.
- Client retains all proprietary rights to (i) Client’s data that may be input by Client,
or otherwise provided to DataFox, while using the Service, (ii) Client materials
created by Client or for Client by a third party using information provided by the
Service, and (iii) content from Client’s CRM system provided to DataFox
(collectively, “Client Content”). Client hereby grants DataFox a
non-exclusive, worldwide, royalty-free license to use Client Content in providing
the Service to Client.
- “Client Contributions” shall mean corrections, updates, improvements,
feedback, data or other changes to the Service that Client provides to DataFox.
Client hereby grants DataFox a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free license to use, copy, distribute, display, modify and make derivative
works from (i) such Client Contributions and (ii) contact information and firmographic
data included in Client Content (excluding Client-specific data).
- In accordance with the United States Digital Millennium Copyright Act, if Client or
anyone else (“Notice Giver”) accessing or using the Service believes
that any material on the Service violates Notice Giver’s intellectual property rights,
Notice Giver should promptly send a written notice to DataFox’s Copyright Agent
(set forth below) containing the following information: (i) a physical or electronic
signature of the copyright owner or a person authorized to act on their behalf;
(ii) identification of the copyrighted work claimed to have been infringed;
(iii) identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit DataFox to locate the material;
(iv) the Notice Giver’s contact information, including address, telephone number,
and an email address; (v) a statement that the Notice Giver has a good faith belief
that use of the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law; and (vi) a statement that the information in the
notification is accurate, and, under penalty of perjury, that Notice Giver is
authorized to act on behalf of the copyright owner.
DataFox Copyright Agent: Bastiaan Janmaat, 835 Howard St., 2nd Floor, San Francisco, CA 94103, Email:
- “Confidential Information” means information disclosed by a party
(“Discloser”) to the other party (“Recipient”) that is
marked “Confidential,” or that is confirmed in writing to be confidential within 10
days of oral disclosure, or that should reasonably be understood to be confidential.
DataFox’s Confidential Information includes the Service, DataFox Content and any
business, product and service information not publicly known. Client Confidential
Information includes Client Content and all personally identifiable information
about any Client, any Authorized User or any employee of or person associated with
Client, but excludes Client Contributions. Confidential Information does not include
any information that: (i) is or becomes publicly known through no fault of the Recipient;
(ii) was known to the Recipient prior to disclosure by Discloser without violation of
any confidentiality obligation to Discloser; (iii) is received by Recipient from a
third party with no duty of confidentiality; or (iv) is independently developed by Recipient.
- Recipient will use the same degree of care to protect Discloser’s Confidential
Information that it uses to protect its own confidential information, but no
less than reasonable care. Unless authorized by Discloser, Recipient shall only use
Confidential Information as needed to perform or exercise its rights under these
Terms of Service, and shall not disclose any Confidential Information to any third
party except to Recipient’s personnel and subcontractors requiring the Confidential
Information to perform or exercise Recipient’s rights under this agreement and who
are bound by written confidentiality obligations with respect to the Confidential
Information which are at least as restrictive as these Terms of Service. Recipient
may disclose Confidential Information if compelled by law and directed to do so by
a court of competent jurisdiction, but will promptly give Discloser notice of such
compelled disclosure as permitted by law.
- Fees are payable to DataFox within 30 days from the invoice date. Client will not be
charged for a 30-day trial period for the Service starting from the date of the creation
of Client’s trial account. Charges will begin to accrue on the day after the 30-day
trial period ends. Client payments shall be non-refundable, except as provided in
these Terms of Service or Client’s Order.
- Unless otherwise stated, DataFox’s fees do not include any taxes, levies, duties or
similar governmental assessments of any nature, including but not limited to value-added,
sales, use or withholding taxes, assessable by any local, state, provincial, federal
or foreign jurisdiction (collectively, “Taxes”). Client is responsible
for paying all Taxes associated with Service purchases. If DataFox has the obligation
to pay or collect Taxes for which Client is responsible, the appropriate amount shall
be invoiced to and paid by Client, unless Client provides DataFox with a valid tax
exemption certificate authorized by the appropriate taxing authority.
- REPRESENTATIONS AND WARRANTY DISCLAIMERS
- Each party represents that it has the legal authority to enter into this agreement
and to abide by these Terms of Service.
- >EXCEPT AS PROVIDED IN THESE TERMS OF SERVICE, CLIENT’S USE OF THE SERVICE
IS AT CLIENT’S SOLE RISK AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
Except as provided in these Terms of Service, DataFox does not represent or warrant that:
(i) the Service will meet Client’s specific requirements; (ii) the Service will be
uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained
from the use of the Service will be accurate, timely or reliable; (iv) the quality of
any products, services, information, or other material purchased or obtained by
Client through the Service will meet Client expectations; or (v) any errors in
the Service will be corrected. In particular, DataFox makes no representations or
warranties of any kind with respect to any Third Party Content, Third Party Apps or
Third Party Sites.
- EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTY OF ANY KIND,
WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. EACH PARTY SPECIFICALLY DISCLAIMS
ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
- LIMITATION OF LIABILITY
- DATAFOX’S TOTAL CUMULATIVE LIABILITY TO CLIENT FROM ALL CAUSES OF ACTION AND UNDER
ALL THEORIES OF LIABILITY WILL BE LIMITED TO AND WILL NOT EXCEED AN AMOUNT EQUAL
TO THE FEES PAID TO DATAFOX BY CLIENT UNDER THIS AGREEMENT IN THE 12-MONTH PERIOD
PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.
- EACH PARTY EXPRESSLY ACKNOWLEDGES AND AGREES THAT NEITHER PARTY WILL BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- The parties expressly acknowledge and agree that DataFox has set its fees and entered
into the agreement to provide the Service in reliance upon the limitations of liability
specified herein, which allocate the risk between Client and DataFox and form a basis
of the bargain between the parties.
- TERM AND TERMINATION
- Unless either party provides the other party with written notice of termination at
least sixty (60) days prior to the Service end date specified in the Order
(the “End Date”), the Service term will renew automatically and Client
will be charged accordingly. DataFox reserves the right to modify these
Terms of Service and the applicable charges and fees for the renewal term by giving
Client written notice at least sixty (60) days prior to the Service End Date, in
which case the Service term will renew automatically and Client will be charged
accordingly unless Client provides DataFox with written notice by the later of
(i) thirty (30) days from receipt of the DataFox notice or (ii) sixty (60) days
prior to the Service End Date.
- Either party has the right to terminate the use of the Service, and the license
rights provided hereunder if the other party breaches any provision of these
Terms of Service, and the breaching party fails to cure the breach within thirty
(30) days after receiving written notice of the breach.
- DataFox, in its sole discretion, has the right to suspend or terminate Client’s
Service and refuse any and all current or future use of the Service, if it
reasonably determines that Client’s (or its Authorized Users) actions, constitute
a misuse of the Service, are causing harm to the Service or may cause material legal
liability to DataFox, its licensors or other customers. In the event of such a
suspension or termination, Client will be entitled to a refund of fees paid,
pro-rated for the remainder of any Service term.
- Upon the Service End Date or any earlier termination of Client’s Service, Client
will promptly (i) cease using the Service; and (ii) cease using and will expunge
any DataFox Content and Third Party Content on Client’s platform obtained from
the Service as may be required by DataFox.
- The rights and obligations of the parties contained in Sections 2(h),
3(e), 4, 5, 7, 8, 9(d) and 10 will survive the termination of these Terms of Service
or termination of Client’s use of the Service.
- Client may not assign its rights and obligations under these Terms of Service,
in whole or in part, by operation of law or otherwise, without DataFox’s express
prior written consent (which consent shall not be unreasonably withheld). Any attempt
to assign this Agreement, without such consent, will be null and of no effect.
Subject to the foregoing, this Agreement will bind and inure to the benefit of each
party's successors and permitted assigns. DataFox may assign this Agreement without
- Upon forty-five (45) days written notice and no more than once every twelve (12) months,
DataFox may audit Client’s compliance with these Terms of Service and Client’s Order(s).
Client agrees to cooperate with such audit and to provide reasonable assistance and
access to information. Any such audit shall not unreasonably interfere with Client’s
normal business operations.
- These Terms of Service will be governed by and construed in accordance with the laws
of the State of California excluding conflict of laws principles. The parties
expressly agree that the United Nations Convention on Contracts for the
International Sale of Goods will not apply. Any legal action or proceeding
arising under this Agreement will be brought exclusively in the federal or state
courts located in the Northern District of California and the parties hereby
irrevocably consent to personal jurisdiction and venue therein.
- Except as expressly set forth in these Terms of Service, the exercise by either
party of any of its remedies hereunder will be without prejudice to its other
remedies under these Terms of Service or otherwise. The failure by either party
to enforce any provision of these Terms of Service will not constitute a waiver
of future enforcement of that or any other provision.
- If for any reason a court of competent jurisdiction finds any provision of these
Terms of Service invalid or unenforceable, that provision will be enforced to the
maximum extent permissible and the other provisions will remain in full force and effect.
- All notices required or permitted under these Terms of Service will be in writing
and delivered by courier or overnight delivery services, by electronic mail, or
by certified mail, and in each instance will be deemed given upon receipt. All
communications will be sent to the addresses on file related to Client’s account
or to such other address as may be specified by either party to the other.
Either party may change its address for notices under this agreement by giving
written notice to the other party.
- Neither party will be responsible for any failure or delay in its performance under
these Terms of Service (except for any payment obligations) due to causes beyond its
reasonable control, including, but not limited to, labor disputes, strikes, lockouts,
shortages of or inability to obtain labor, energy, raw materials or supplies, war,
terrorism, riot, acts of God or governmental action.
- The parties under these Terms of Service are independent contractors and these
Terms of Service do not establish any relationship of partnership, joint venture,
employment, franchise, or agency between the parties. Neither party will have the
power to bind the other or incur obligations on the other’s behalf without the
other’s prior written consent.
- Client agrees to comply fully with all applicable export laws and regulations of
the United States (“Export Laws”) to ensure that neither the Service,
nor any direct product thereof are: (i) exported or re-exported by Client directly
or indirectly in violation of Export Laws; or (ii) used by Client for any purposes
prohibited by the Export Laws, including but not limited to nuclear, chemical,
or biological weapons proliferation.
- These Terms of Service, together with the Order and any other DataFox terms,
conditions and policies, constitute the complete and exclusive understanding and
agreement between the parties regarding its subject matter and supersedes all prior
or contemporaneous agreements or understandings, written or oral, relating to its
subject matter. The terms in any purchase order, procurement internet portal or
other non- DataFox document shall not apply to the Service ordered. Any waiver,
modification or amendment of any provision of these Terms of Service will be
effective only if in writing and signed by duly authorized representatives of