VantagePoint Customer Portal Terms and Conditions
Welcome to the VantagePoint Customer Portal (“Portal”) website. The VantagePoint Customer Portal Terms and Condition (the “Agreement”) is a legal agreement between you (“You” or “Your”) and Vantagepoint ai, LLC, a Florida limited liability company (“Company”). Collectively both parties may be referred to as (“Parties”).
The Company has established the Portal to assist its customers in the purchasing and use of Company products. Upon Your purchasing one or more of the Company products on the Portal, You agree to the terms and conditions of this Agreement. Through the Portal You will be able to purchase VantagePoint Software licenses (“VantagePoint Software License”) and ancillary products such as annual support plans (“ASP”), webinars, seminars, live training room, etc. (collectively “Ancillary Products”). VantagePoint Software License and Ancillary Products shall be referred to collectively as Portal Products. The Portal Products You purchase through the Portal will be referred to as Your Portal Product(s). If Your Portal Product(s) include a VantagePoint Software License You will also be required to execute and accept the VantagePoint License Agreement in order to gain access to the software.
Carefully read this Agreement before installing or accessing Your Portal Product(s).
By clicking the box to purchase Portal Products on the Portal You (a) authorize the Company to charge Your credit card to pay for Your Portal Product(s) purchased; (b) agree to this Agreement and Privacy Policy; and (c) acknowledge that You have read the Portal Disclaimer. If You are purchasing a VantagePoint Software License on the Portal, You reaffirm that the VantagePoint Software License Agreement in its entirety was made available to You and agreed to by You as Licensee prior to payment for the VantagePoint Software License. You reaffirm that if a VantagePoint Software License is purchased on the Portal as part of Your Portal Product(s) Your use of VantagePoint Software is governed by the terms and conditions of the VantagePoint Software License Agreement, including, in particular, Section 20, Refunds.
You reaffirm and agree that (a) You understand and accept the terms of this Agreement; (b) You are creating an electronic signature acknowledging Your full understanding and agreement to be legally bound by all of the terms and conditions of this Agreement and the VantagePoint Software License Agreement, if applicable; (c) You agree to execute this Agreement electronically; (d) You agree that this Agreement is enforceable like any written negotiated agreement signed by You; and (e) You agree that You are entering into a binding legal contract. You acknowledge that competing products and services are readily available, and You waive any right to assert that this Agreement is an unconscionable, improper or illegal contract of adhesion. If the VantagePoint Software License is one of Your Portal Product(s) You are free to return the VantagePoint Software License within the timeframe and under the restrictions provided in the VantagePoint Software License Agreement.
1. Non-exclusive License. The Company hereby grants to You a non-exclusive, non-assignable and non-transferable access to Your Portal Product(s) subject to the terms and conditions set forth in this Agreement and subject to the payment by You to the Company of the necessary fees as specified by the Company on the Portal.
2. Subscription Payments for Access. You agree that You will be charged in accordance with the billing terms in effect and displayed on the Portal the first time You purchase Portal Products by subscription (‘Initial Subscription Period”). Upon payment in full for the Initial Subscription Period You will be given access to Your Portal Product(s). Unless terminated in accordance with this Agreement prior to the beginning of a subsequent subscription period, You will be charged for each such subscription period regardless of whether or not You use or do not use Your Portal Product(s) during that subscription period.
You consent to having the Company automatically renew Your Subscription Period (“Renewal Period) for the same time duration as the Initial Subscription Period. Each Renewal Period shall automatically renew at the end of the previous Renewal Period and on the anniversary dates of each subsequent subscription term thereafter for the same length of time You selected in the Initial Subscription Period. The Company will notify You per the terms You agreed to in the Initial Subscription Period and will automatically charge Your credit card on file for the Renewal Period at the then current cost for access to Your Portal Product(s). It is Your responsibility to ensure that the Company has a current and valid credit card on file. If at any time the credit card company declines a credit card transaction for any Renewal Period, the Company may in its sole discretion discontinue Your access without notification. You agree that the Company will charge Your credit card for a Renewal Period unless, at least fifteen (15) days prior to the end of the current subscription term: (i) the Company notifies You by Email or in writing of Company’s intent not to offer You a Renewal Period; (ii) You notify Company by Email at support@vantagepointsoftware.com. or in writing of Your intent not to purchase a Renewal Period, or (iii) You log into Portal and cancel Your subscription which will prevent the Renewal Period from being renewed.
3. Restrictions on Use. You shall not copy, reprint, reproduce, duplicate or modify any part of Your Portal Product(s) (electronically or otherwise), or assist any other party in doing so either during or after the term of this Agreement. You agree, during the term of this Agreement, not to create or attempt to create, by reverse engineering, reverse assembling, reverse compiling, decompiling or otherwise, source programs or materials that simulate or perform similar functions to those in Your Portal Product(s) or information made available to You under this Agreement. You further agree not to create derivative works based upon Your Portal Product(s), or any part of Your Portal Product(s) thereof, or allow or authorize others to do so. You shall not rent, lease, lend, or provide access to Your Portal Product(s) , provide commercial hosting services with Your Portal Product(s) or use Your Portal Product(s) in any form or by any means to provide trading advice or information to any third party for a fee, or post or distribute information based upon or derived from the output of Your Portal Product(s) in any public or private forum including, but not limited to, print, the Internet, online chat, instant message, video, online forums, any form of newsletter (whether electronic or otherwise), radio or television, for any purpose, including any commercial venture or purpose in which You seek to receive a fee for service. You represent and warrant that You will not participate in any commercial or business venture whatsoever, wherein the use of and reliance on Your Portal Product(s) are in any way a part of said commercial business venture. Notwithstanding all of the above, You may make one copy of any software programs contained in Your Portal Product(s) for purposes of backup only and may only transfer such copy to one of Your hard disks. Any such copy made must include the appropriate copyright notice as contained on the copy in Your Portal Product(s) originally provided to You.
4. Restrictions on Disclosure. You shall not, at any time, lease, license, transfer, publish, disseminate, or disclose Your Portal Product(s) or any part thereof or any output derived from the use of Your Portal Product(s) , in whole or in part, in any form or by any means (including, but not limited to, any form of newsletter whether electronic or printed, public trading forum or website) to any third party for financial gain, except to execute trades in Your own brokerage account. If You intend to use Your Portal Product(s) in the furtherance of Your business enterprise or for any commercial business venture, You shall not use Your Portal Product(s) for such purpose without first agreeing to the Commercial Business Addendum to this Agreement and payment of the fees prescribed by Company for such use.
5. Liability for Unauthorized Use or Disclosure. You acknowledge that any unauthorized use or disclosure of Your Portal Product(s) will diminish the value of the Company and its products and services and will cause irreparable and continuing damage to the Company for which an adequate legal remedy will not exist. Accordingly, You stipulate that if You breach any of Your covenants in this Agreement, the Company will be entitled to an entry of a court order granting specific performance or injunctive relief, without requirement of a bond or proof of monetary damage or an inadequate remedy at law, in addition to all other remedies available at law or equity.
6. Title. You acknowledge that Your Purchase of a VantagePoint Software License allows You to use the VantagePoint Software. The Company retains title to and ownership rights in the VantagePoint Software and any part thereof, including but not limited to all derivative works, customizations, enhancements, modifications, improvements, derivations or other changes thereto, all updates, and all underlying patent, copyright, trade secret, trademark and other intellectual property rights which are owned and/or exclusively licensed by the Company. You shall not acquire any rights in the VantagePoint Software or any part thereof, or in any update to the VantagePoint Software by virtue of this Agreement. The Company shall retain all title to and rights in physical materials included in the VantagePoint Software.
7. Disclaimer of Warranties. YOU ACKNOWLEDGE THAT THE COMPANY HAS NOT REPRESENTED OR WARRANTED THAT THE USE OF, OR ACCESS TO YOUR PORTAL PRODUCT(S) WILL BE UNINTERUPTED, ERROR FREE OR WITHOUT INACCURACIES OR DELAY DUE TO ANY NUMBER OF FACTORS INCLUDING WITHOUT LIMITATION NATURAL CATASTROPHIES; GOVERNMENTAL ACTS; POWER FAILURE, BREAKDOWNS OR FAILURE OF COMMUNICATIONS SYSTEMS OR THE INTERNET; PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED; TECHNICAL FAILURE OF YOUR PORTAL PRODUCT(S) , TELECOMMUNICATIONS INFRASTRUCTURE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, INCREASED OR FLUCTUATING DEMAND, AND ACTIONS OR OMISSIONS OF THIRD PARTIES. YOU ACKNOWLEDGE THAT THE COMPANY MAKES NO REPRESENTATIONS CONCERNING THE SUITABILITY OF YOUR PORTAL PRODUCT(S) FOR USE BY YOU, AND THAT YOU SHOULD DETERMINE FOR YOURSELF WHETHER, AND TO WHAT EXTENT, THE USE OF YOUR PORTAL PRODUCT(S) IS SUITABLE FOR YOU. YOU FURTHER ACKNOWLEDGE AND UNDERSTAND THAT THE COMPANY MAKES NO CLAIMS, GUARANTEES, PROMISES OR WARRANTIES TO YOU, EITHER EXPRESS OR IMPLIED, OF ANY NATURE WITH RESPECT TO YOUR PORTAL PRODUCT(S) , OR ANY PART THEREOF; OR TO THE USE THEREOF OR AS TO THE RESULTS OR OUTPUT OF THE USE OF YOUR PORTAL PRODUCT(S) ; OR AS TO ANY CONDITION, QUALITY, PERFORMANCE, CORRECTNESS, ACCURACY, PROFITABILITY, PREDICTIVENESS, TIMELINESS, OPERATION, OR RELIABILITY THEREOF; OR TO THE INTERACTION (OR FAILURE TO INTERACT PROPERLY) WITH ANY OTHER HARDWARE OR SOFTWARE WHETHER PROVIDED BY THE COMPANY OR A THIRD PARTY; OR AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF YOUR PORTAL PRODUCT(S) WITH RESPECT TO ANY PROPOSED USE BY YOU. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE MARKETS WILL BEHAVE AS INDICATED BY THE OUTPUT DERIVED FROM THE USE BY YOU OF YOUR PORTAL PRODUCT(S) . THE COMPANY MAKES NO CLAIMS, GUARANTEES, PROMISES OR WARRANTIES TO YOU WITH RESPECT TO ANY PROFITS FROM TRADING ON THE BASIS OF, OR IN RELIANCE ON, YOUR PORTAL PRODUCT(S) OR THE USE THEREOF.
8. Damages. NEITHER THE COMPANY NOR ITS EMPLOYEES, OFFICERS, MANAGERS, MEMBERS, OR DIRECTORS SHALL BE LIABLE FOR ANY DAMAGES OR CLAIMS ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH, THE USE OR PERFORMANCE OF YOUR PORTAL PRODUCT(S) , INCLUDING, BUT NOT LIMITED TO, SPECIAL, DIRECT, INCIDENTAL, LOST PROFITS, DIMINUTION IN VALUE, PROPERTY DAMAGE, CONSEQUENTIAL OR OTHER DAMAGES FOR ANY TYPE OF DAMAGE, INJURY OR LOSS, INVASION OR LOSS OF PRIVACY, OR FOR BREACH OF ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, NEGLIGENCE OR OF WORKMANLIKE EFFORT), HOWEVER CAUSED, OR UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT, COPYRIGHT INFRINGEMENT, OR OTHERWISE AND REGARDLESS OF WHETHER EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS EXCLUSION SHALL APPLY DESPITE ANY DEFECT, ERROR, INCOMPLETENESS, OMISSIONS OR INACCURACIES IN YOUR PORTAL PRODUCT(S) , DOCUMENTATION OR OTHER MATERIALS CONTAINED IN YOUR PORTAL PRODUCT(S) OR IN ANY PRODUCT OR SERVICE FURNISHED TO YOU BY THE COMPANY IN CONNECTION THEREWITH, AND THIS EXCLUSION SHALL LIKEWISE APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OF THE EXISTENCE OR A POSSIBILITY OF ANY DEFECT, ERROR, INCOMPLETENESS, OMISSIONS, INACCURACIES OR SUCH DAMAGES OR CLAIM. YOU ACKNOWLEDGE THAT YOU BEAR ALL RISK FROM ANY USE BY YOU OF YOUR PORTAL PRODUCT(S) AND THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOSSES SUSTAINED BY YOU, INCLUDING BUT NOT LIMITED TO ANY DAMAGES TO YOUR COMPUTER, SOFTWARE, INTERNET CONNECTION, TELEPHONE, DATA FILES OR OTHER PROPERTY RESULTING FROM YOUR USE OF YOUR PORTAL PRODUCT(S) .
9. Mandatory On-Line Activation. You acknowledge that You at Your sole expense, are responsible for and must provide all computer hardware, internet connection, telephone and other equipment, and operating system software necessary to comply with the requirements needed for initial activation, registration, and reactivation of Your Portal Product(s).
10. Speculative Nature. You acknowledge and understand the speculative nature of the commodities futures and financial markets and recognize the high degree of risk involved in participating in such markets, with or without the use of Your Portal Product(s). You acknowledge and understand that Your Portal Product(s) provide information regarding possible future market movements based upon historical analysis of past market movements, that Your Portal Product(s) do not provide specific trade recommendations including buy and sell signals, that the markets may not behave as indicated by the output derived from the use by You of Your Portal Product(s) and that You bear the sole risk for all orders for trades placed by You as a result of considering such output. You also acknowledge that Your Portal Product(s) are analytic tools only and are not intended to replace Your individual research or receipt of professional investment advice, and that neither Your Portal Product(s) nor the customer support related to Your use of Your Portal Product(s) constitute the provision of trading advice or an endorsement or recommendation by the Company of any trading methods, programs, systems, algorithms or routines, based on, or tailored to, any positions or other circumstances or characteristics of You or anyone else, or otherwise. You further acknowledge that individual performance in the financial markets depends upon numerous factors including individual skills and experience at performing technical analysis, knowledge of and familiarity with the markets, effectiveness of individual decision making and decisiveness, and time availability to devote to analyzing and trading the markets, among other factors. IT IS EXPRESSLY UNDERSTOOD THAT NEITHER THIS AGREEMENT, NOR ANY STATEMENT, REPRESENTATION, OR ASSERTION WITHIN THIS AGREEMENT OR ANY PROMOTIONAL MATERIALS YOU HAVE REVIEWED OR ANY OTHER ORAL OR WRITTEN STATEMENT OR REPRESENTATION MADE BY THE COMPANY OR ITS AGENTS OR REPRESENTATIVES MAKES OR CONSTITUTES ANY GUARANTEE OF, OR REPRESENTATION RELATING TO, PERFORMANCE OF YOUR PORTAL PRODUCT(S) INCLUDING THAT OF THEIR PREDICTIVE ACCURACY AT FORECASTING MARKET PRICES OR TRENDS AND THAT THE COMPANY ALSO MAKES NO GUARANATEE OF PERFORMANCE EITHER IN THIS AGREEMENT OR OTHERWISE. IT IS ALSO UNDERSTOOD THAT YOUR PORTAL PRODUCT(S) ARE ANALYTIC TOOLS AND NOT A TRADING SYSTEM AND THAT THE COMPANY MAKES NO REPRESENTATIONS OR GUARANTEES THAT YOU WILL MAKE PROFITS AND/OR NOT SUFFER ANY LOSSES FROM TRADING BASED ON, OR IN RELIANCE ON, YOUR PORTAL PRODUCT(S) OR THE USE THEREOF. YOU ASSUMES FULL RESPONSIBILITY TO MAKE YOUR OWN TRADING DECISIONS INVOLVING ENTRIES, EXITS, AND STOP PLACEMENTS, BASED UPON YOUR OWN ASSESSMENT OF YOUR TRADING STYLE, OBJECTIVES, RISK PROPENSITY, RISK CAPITAL, EXPERTISE AND EXPERIENCE AS A TRADER ALL OF WHICH CAN INFLUENCE YOUR TRADING RESULTS SUCH THAT YOUR PERFORMANCE RESULTS MAY BE BETTER OR WORSE THAN THAT OF OTHER TRADERS INCLUDING THOSE WHO MAY ALSO BE USING PORTAL PRODUCTS AT THE SAME TIME. UNDER NO CIRCUMSTANCES IS THE COMPANY RESPONSIBLE FOR YOUR TRADING RESULTS OR PERFORMANCE BASED UPON THE TRADING DECISIONS THAT YOU MAKE. FURTHERMORE, IT IS UNDERSTOOD THAT HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW. YOU AGREE THAT NO REPRESENTATION IS BEING MADE OR HAS BEEN MADE THAT ANY ACCOUNT OR TRADE WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN IN YOUR PORTAL PRODUCT(S) OR IN ANY OF THE COMPANY’S PROMOTIONAL MATERIALS. IN FACT, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR TRADING PROGRAM. ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK IN ACTUAL TRADING. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR TO ADHERE TO A PARTICULAR TRADING PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL POINTS WHICH CAN ALSO ADVERSELY AFFECT ACTUAL TRADING RESULTS. THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE MARKETS, IN GENERAL, OR TO THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM, WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS, AND ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS. THE COMPANY HAS HAD LITTLE OR NO EXPERIENCE IN TRADING ACTUAL ACCOUNTS FOR ITSELF OR FOR CUSTOMERS. SINCE THERE ARE NO ACTUAL TRADING RESULTS TO COMPARE TO THE HYPOTHETICAL PERFORMANCE RESULTS, YOU SHOULD BE PARTICULARLY WARY OF PLACING UNDUE RELIANCE ON THESE HYPOTHETICAL PERFORMANCE RESULTS.
11. Hold Harmless; Indemnification; Release; Covenant Not to Sue. You acknowledge that You are fully aware of the hazards and risks, including financial risks, associated with trading in commodity and financial futures, Forex, ETF, Cryptocurrencies and equities and the use of Your Portal Products. In part consideration for the use of Your Portal Products granted herein, You agree to release, indemnify and hold harmless the Company, its successors, affiliates and assigns, and each of their respective officers, members, managers, directors, employees, contractors, insurers and agents (collectively, the “Releasees”), and waives with respect to each Releasee, and covenants not to sue any Releasee for, any and all liabilities, claims, demands, actions, causes of action, damages, losses and expenses (including, but not limited to, attorneys’ fees and costs) of any nature whatsoever (collectively, the “Liabilities”) arising out of or in connection with Your use of Your Portal Products or trading decisions and payment of any fees associated with the use of Your Portal Products, updates or customer support. Such hold harmless, release, discharge, waiver and covenant not to sue shall include but not be limited to any liabilities caused, in whole or in part, by the negligence (of any type) of any Releasee in connection with Your Portal Products or the promotion or marketing thereof.
12. Intended Use. It is agreed by the Parties that commodity and financial futures, Forex, ETF, Cryptocurrencies and equities traders in the furtherance of their investment pursuits are the intended users of Portal Products. Your Portal Product(s) are not designed for uses outside the commodity and financial futures, Forex, ETF, Cryptocurrencies and equities fields. You hereby represent to the Company that You are aware of the risks associated with the commodity and financial futures, Forex, ETF, Cryptocurrencies and equities fields and any program of trading therein.
13. Export Restrictions. You acknowledge that Your Portal Product(s) are subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to Your Portal Product(s), including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments and shall pay all tariffs, duties and fees where applicable.
14. Governing Law, Jurisdiction, and Venue. This Agreement shall be governed, interpreted and construed in accordance with the decisional laws of the State of Florida. This choice of law provision is intended to operate to the exclusion of (a) any choice of law or other law or provision that would result in this Agreement or any disputes arising out of or related to this Agreement being resolved by the decisional laws of any other state or country and (b) any law or convention that would otherwise apply including, but not limited to, the United Nations Convention on Contracts for the International Sale of Goods. If awarded, the total of all damages due to You shall be in accordance with Section 8 above. The Parties hereby both knowingly, voluntarily, intentionally and irrevocably agree to waive any right to have any issue resolved by a jury and cede to the Court all matters of law and fact for resolution. You and the Company each agree that the exclusive venue for bringing and maintaining any action arising out of, related to, or in connection with this Agreement shall be in Hillsborough County, Florida or federal court for the Middle District of Florida, Tampa Division. You and the Company agree that if You bring any action or proceeding against the Company in any other venue in violation of this forum selection clause and the Company is the prevailing party on a motion to dismiss for improper venue or motion to transfer venue, the Company will be immediately entitled to recover from You its costs and attorney’s fees associated with such motion. You hereby irrevocably consent to personal jurisdiction in the State of Florida and hereby waive any claim or defense that such venue is not convenient or proper, and consent to service of process by any means authorized by Florida law.
15. Term. This Agreement shall remain in effect until terminated by one or more of the following occurrences:
16. For VantagePoint Software License purchased on the Portal the license can be terminated as set forth in the Vantagepoint License Agreement.
17. Portal Products purchased by subscription may be terminated as set forth in Section 2.
18. Without notice, upon breach by You of any of the conditions set forth in Section 3 or Section 4 above.
19. Refund. There is no refund allowed for Ancillary Products. The VantagePoint Software License may be returned for a partial refund as set forth in the VantagePoint Software License Agreement.
20. Successors. It is agreed that the benefits and the burdens of this Agreement shall inure to the benefit of and be binding upon the Company, its successors and assigns, and You, Your successors, heirs, and personal representatives.
21. Attorney’s Fees. In the event the Company should be required to take legal action to enforce any of the provisions of this Agreement, the Company may recover its reasonable Attorney’s fees (up to and including any appellate proceedings) and costs from You whether or not litigation results. This Section shall be construed as an agreement, independent of any other provision in this Agreement, and the existence of any claim or cause of action on the part of You against the Company, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by the Company of the provisions of this Section.
22. Construction. Section headings and pronouns are included solely for convenient reference and shall not control the meaning or the interpretation of any of the provisions of this Agreement.
23. Entire Agreement. The Parties agree that this Agreement and if applicable the VantagePoint Software License Agreement are the entire Agreement(s) between them governing the use of Your Portal Products and supersedes any proposal or prior agreement, oral or written, or any other communications between them relating to the subject matter hereof.
24. Modifications. The Parties agree that this Agreement cannot be changed by any oral statements, but only by an agreement modification (“Agreement Modification”). You must execute and return an Agreement Modification and the Company must receive the Agreement Modification executed by You, postmarked within ten (10) days from the date that the Company sent the Agreement Modification to You. The Agreement Modification shall become effective (the “Effective Date”) upon receipt by the Company.
25. No Fraud or Reliance on the Company Representations. You further acknowledge and agree that You entered into this Agreement based solely upon the terms contained within this Agreement and without relying upon any oral or written inducements, statements or representations by the Company or its agents or representatives that are not set forth in this Agreement.
26. Severability. If any provision of this Agreement is held for any reason to be unenforceable by a court of competent jurisdiction, the remainder of this Agreement will, nevertheless, remain in full force and effect in that jurisdiction.
27. Non-acceptance of Agreement. If You do not accept the terms of this Agreement for any reason, then You must contact the Company to deactivate and remove Your Portal Products from Your computer.
28. Additional Acknowledgements. YOU FURTHER ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS AGREEMENT, HAD SUFFICIENT OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL OF YOUR CHOICE BEFORE ENTERING INTO THIS AGREEMENT AND/OR CONTINUING WITH THE INSTALLATION OR ACCESSING OF YOUR PORTAL PRODUCTS, YOU UNDERSTAND YOUR RIGHTS AND OBLIGATIONS UNDER THE AGREEMENT, AND THAT THE INSTALLATION OR ACCESS OF PORTAL PRODUCTS BY YOU ON YOUR COMPUTER IS AN ACCEPTANCE BY YOU OF ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
