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GENERAL TERMS OF SERVICE

Last updated: January 31, 2025

These General Terms of Service (“General Terms”) are a legal agreement between you (“you,” “your”) and Chexology, LLC (“Chexology,” “we,” “our” or “us”) and govern your use of Chexology’s services, including all of our mobile applications, websites, software, hardware, and other products and services (collectively, the “Services”). If you are using the Services on behalf of a business, that business accepts these terms. By using any of the Services you agree to these General Terms and any policies referenced within (“Policies”), including terms that limit our liability (see Section 18) and require individual arbitration for any potential legal dispute (see Section 21).

1. Additional Terms

You agree to any additional terms specific to Services you use (“Additional Terms”) that may apply to the Services, such as those listed below, which are annexed hereto (as set forth below) and made a part hereof. You should read all of our terms carefully.

Hardware Terms: These terms apply to the hardware sold or provided to you.
Support Terms: These terms apply to support services we may offer in connection with the services.
Non-account Privacy Policy and Account Privacy Policy: Explains how we collect, use, and protect the personal information and data you provide to us.

2. Chexology Account Registration

You must open an account with us (a “Chexology Account”) to use the Services. During registration we will ask you for information, including your name and other personal information. This may also include entering payment information which we will keep on file to bill your account. You must provide accurate and complete information in response to our questions, and keep that information current. You are fully responsible for all activity that occurs under your Chexology Account, including for any actions taken by persons (including employees) to whom you have granted access to the Chexology Account. We reserve the right to suspend or terminate the Chexology Account of any user who provides inaccurate, untrue, incomplete information, submits inappropriate or derogatory content, or who fails to comply with the account registration requirements.

3. Revisions, Disclosures and Notices

We may amend the General Terms, any Additional Terms, or our Policies, at any time with notice that we deem to be reasonable under the circumstances, by posting the revised version on our website, communicating it to you through the Services or notifying you via the email address on record (each a “Revised Version”). The Revised Version will be effective as of the time it is posted, but will not apply retroactively. Your continued use of the Services after the posting of a Revised Version constitutes your acceptance of such Revised Version. Any Dispute (as defined in Section 20) that arose before the changes will be governed by the General Terms, Additional Terms, or Policies in place when the Dispute arose.

4. Restrictions

You may not, nor may you permit any third party, directly or indirectly, to:

export the Services, which may be subject to export restrictions imposed by US law, including US Export Administration Regulations (15 C.F.R. Chapter VII);
access or monitor any material or information on any Chexology system using any manual process or robot, spider, scraper, or other automated means;
except to the extent that any restriction is expressly prohibited by law, violate the restrictions in any robot exclusion headers on any Service, work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services;
perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure;
copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material, information or Services from Chexology;
use and benefit from the Services via a rental, lease, timesharing, service bureau or other arrangement;
transfer any rights granted to you under these General Terms, Additional Terms, Policies, or any other agreement between you and Chexology;
use the Services in a way that distracts or prevents you from obeying traffic or safety laws;
use the Services for any illegal or otherwise prohibited activities;
use the Services for any illegal activity or goods or in any way that exposes you, other Chexology users, our partners, or Chexology to harm; or
otherwise use the Services except as expressly allowed under these General Terms, Additional Terms, Policies, or any other agreement between you and Chexology.

If we reasonably suspect that your Chexology Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Chexology Account, and any of your transactions with law enforcement.

5. Compatible Mobile Devices and Third-Party Carriers

We do not warrant that the Services will be compatible with your mobile device or carrier or any other hardware device not provided to you by us. Your use of the Services may be subject to the terms of your agreements with your mobile device manufacturer or your carrier. You may not use a modified device to use the Services if the modification is contrary to the manufacturer’s software or hardware guidelines, including disabling hardware or software controls—sometimes referred to as “jail broken.”

6. Your Content

The Services may include functionality for uploading or sharing suggestions, recommendations, feedback, photos, documents, logos, products, loyalty programs, promotions, advertisements, and other materials or information (collectively, “Content”).

You retain all rights to your Content when you upload it to our Services. However, by doing so, you grant us broad rights to use, modify, and display your Content within the Services. Specifically, you grant us, along with our subsidiaries, affiliates, and successors, a worldwide, non-exclusive, royalty-free, fully paid, transferable, and sub-licensable license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, publicly perform, and publicly display your Content in any media, in order to provide, promote, or enhance the Services.

You will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Services any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches any duty toward or rights of any person or entity, including rights of publicity, privacy, trademark or duties owed to a bailor by a bailee; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with Chexology, as determined by us in our sole discretion; or (f) in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose Chexology, its affiliates or its customers to harm or liability of any nature.

Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time and for any reason without notice. Chexology may also monitor such Content to detect and prevent fraudulent activity or violations of Chexology’s General Terms. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Content, including any loss or damage to any of your Content.

7. Copyright and Trademark Infringement

We respect the copyright and trademark rights of others and ask you to do the same. We respond to all valid notices of such infringement, and our policy is to suspend or terminate the access privileges of repeat infringers.

If you believe that third-party material posted on or accessible through Chexology Services infringes your copyright or trademark rights, you will send us notice that (a) describes in detail the trademark or copyright that you believe is in violation, and (b) provide us your full legal name, address, email address, and phone number.

8. Security

We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk.

You are solely responsible for safeguarding your password and for restricting access to the Services from your compatible mobile devices and computer(s). You will immediately notify us of any unauthorized use of your password or Chexology Account or any other breach of security.

Notwithstanding Sections 20 and 21, in the event of any dispute between two or more parties as to account ownership, we will be the sole arbiter of such dispute in our sole discretion. Our decision (which may include termination or suspension of any Chexology Account subject to dispute) will be final and binding on all parties.

9. Communications

By providing your contact information, you consent to receive communications from us via email, text messages, and calls to the email address and mobile number you provide, as well as push notifications to any mobile device(s) where Chexology Services are installed.. These communications may include, but are not limited to, requests for secondary authentication, receipts, reminders, account updates or support notifications, and feedback surveys related to the Services. Call and text message communications may be generated by automatic telephone dialing systems. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you. You may opt-out of receiving communications by following the unsubscribe options we provide to you. You acknowledge that opting out of receiving communications may impact your use of the Services.

10. Paid Services and Payment Terms

Chexology offers certain paid services (“Paid Services”), which may be billed on a recurring basis (“Subscription Services”) or charged per use (“A La Carte Services”).

By subscribing to a Subscription Service, you agree to pay the associated subscription fee and any applicable taxes (collectively, the “Subscription Fee”). A La Carte Services may be subject to per-use fees and/or additional terms, including transaction volume-based charges. By using an A La Carte Service, you agree to pay the applicable fees and taxes incurred at the time of usage (collectively, the “A La Carte Fees” and, collectively with Subscription Fees, the “Paid Service Fees”).

You agree to pay for any applicable Paid Services based on the specialized usage rates (“Software Rates”) outlined in your invoice, order, or any other agreed-upon order forms. These rates may be updated periodically to reflect changes such as upgrades, downgrades, or add-ons agreed to by you. As a result, you should refer to the most recent invoice for the applicable rates and payment obligations (collectively, the “Order”).

Additionally, you agree to pay any applicable support rates (“Support Fee”) in connection with your Order of any support services pursuant to our Support Terms.

In general, Paid Services may be paid by debit card, credit card, or ACH. If you link a debit or credit card to your account, you authorize us to collect fees by debit from your linked debit card or charge to your linked credit card as and when the Paid Service Fees become due. Unless otherwise provided in your Order’s terms, fees will be charged on the first of every month until cancelled. If you cancel a Subscription Service, you will continue to have access to that Subscription Service through the end of your then current billing period, but you will not be entitled to a refund or credit for any Subscription Fee already due or paid.

We reserve the right to change our Subscription Fee upon thirty (30) days’ advance notice. Your continued use of Subscription Services after notice of a change to our Subscription Fee will constitute your agreement to such changes.

You must notify us in writing if you dispute any portion of any fees paid or payable by you under this Agreement (“Fee Disputes”). You must provide that written notice to us within thirty (30) days of the applicable charge and we will work together with you to resolve the applicable dispute promptly. If you do not provide us with this written notice of your fee dispute within this 30-day period, you will not be entitled to dispute any fees paid or payable by you.

Unless you and Chexology agree otherwise in writing, all fees due under these General Terms are payable in United States dollars. Payment obligations can’t be canceled and fees paid are non-refundable. Subject to Fee Disputes, if you are overdue on any payment and fail to pay within ten (10) business days of a written notice of your overdue payment, then we may assess and you must pay a late fee. The late fee will be either 1.5% of the past due amount per month, or the maximum amount allowable by law, whichever is less. Subject to Fee Disputes and following the overdue notice, we may also suspend our Services and access to your account until you pay the amount you are overdue plus the late fee.

If your use of our Services exceeds the amounts prepaid by you or if you fail to pay any amounts due by you under Section 10 of the Agreement, we may suspend our Services associated with your account without prior notice to you. We will have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur with connection with any suspension of our services pursuant to this section.

11. Termination

You may terminate this Agreement at your convenience upon thirty (30) days’ prior written notice to Chexology without any further obligation to Chexology other than to pay any outstanding amounts due for Services, including Subscription Services.

Either party may terminate this Agreement due to the other party’s material breach upon written notice to the breaching party, provided that the breach is not cured within thirty (30) days after receipt of notice, or immediately if the breach is incapable of cure.

Either party may terminate this Agreement upon written notice to the other party if the other party: (a) becomes insolvent or admits its inability to pay its debts generally as they become due; (b) becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law, which is not fully stayed within seven (7) days or not dismissed or vacated within ninety (90) days after filing; (c) is dissolved or liquidated or takes any corporate action for such purpose; (d) makes a general assignment for the benefit of creditors; or (e) has a receiver, trustee, custodian or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business.

You may also terminate the General Terms and Additional Terms applicable to your Chexology Account by deactivating your Chexology Account at any time by contacting help@chexology.com.

12. Effect of Termination

If these General Terms or your Chexology Account is terminated or suspended for any reason: (a) the license and any other rights granted under these General Terms and any Additional Terms will end, (b) you agree to immediately terminate and cease use of all Services, (c) we may (but have no obligation to) delete your information and account data stored on our servers, and (d) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Services, or for deletion of your information or account data. In addition to any payment obligations under the Payment Terms, the following sections of these General Terms survive and remain in effect in accordance with their terms upon termination: 6 (Your Content), 7 (Copyright and Trademark Infringement), 12 (Effect of Termination), 14 (Ownership), 15 (Indemnity), 16 (Representations and Warranties), 17 (No Warranties), 18 (Limitation of Liability and Damages), 19 (Third-Party Products), 20 (Disputes), 21 (Binding Individual Arbitration), 22 (Governing Law), 23 (Limitation on Time to Initiate a Dispute), 24 (Assignment), 25 (Third-Party Service and Links to Other Web Sites), and 27 (Other Provisions).

13. Your License

We grant you a limited, non-exclusive, revocable, non-transferable, non-assignable or sublicensable license to use the Paid Services, as authorized in these General Terms. We may make updates to the Services available to you, which you must accept to continue using the Services. Any such updates may be subject to additional terms made known to you at that time. The intellectual property in updates will remain owned by us.

14. Ownership

We reserve all rights not expressly granted to you in these General Terms. The Services are protected by copyright, trademark, patent and other laws of the United States and other countries. We own all rights, title, and interest, in and to the Services and all copies of the Services. These General Terms do not grant you any rights to our trademarks or service marks.

For the purposes of these General Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals and extensions, under the laws of any state, country, territory or other jurisdiction.

You may submit feedback, comments or ideas about the Services (“Ideas”). Submitting Ideas is entirely voluntary, and we will be free to use or not to use such Ideas as we see fit without any obligation to you.

15. Indemnity

You will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of or in connection with any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these General Terms or any Additional Terms; (b) your wrongful or improper use of the Services; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of the United States or any other country including without limitation, bailment laws applicable in your jurisdiction; and (e) any other party’s access and/or use of the Services with your unique name, password or other appropriate security code.

16. Representations and Warranties

You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are eligible to register and use the Services and have the right, power, and ability to enter into and perform under these General Terms; (c) any information you provide in connection with the Services, including your business name, accurately and truthfully represents your business or personal identity under which you sell goods and services; (d) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business; (e) you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Services; (f) your use of the Services will be in compliance with these General Terms and applicable Additional Terms.

17. Disclaimer of Warranties

EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY SET FORTH HEREIN, THE SERVICES ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT ARE IN LIEU OF, AND CHEXOLOGY SPECIFICALLY DISCLAIMS, ALL OTHER WARRANTIES WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, YOU SPECIFICALLY ACKNOWLEDGE THAT CHEXOLOGY, ITS LICENSORS AND THEIR SUPPLIERS MAKE NO WARRANTY THAT THE SERVICES WILL BE ERROR-FREE OR WITHOUT INTERRUPTION; THAT ALL ERRORS WILL BE CORRECTED; THAT THE SERVICES WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK; OR THAT CUSTOMER SPECIFIC REQUIREMENTS WILL BE SATISFIED. YOU ASSUME RESPONSIBILITY FOR THE USE OF, AND RESULTS OBTAINED FROM THE SERVICES. YOU ACKNOWLEDGE THAT THE INTERNET AND THIRD-PARTY NETWORKS USED TO TRANSMIT DATA ARE INHERENTLY INSECURE. CHEXOLOGY SHALL HAVE NO LIABILITY FOR ANY CHANGES TO, INTERCEPTION OF, OR LOSS OF CUSTOMER DATA WHILE IN TRANSIT OVER THE INTERNET OR THROUGH THIRD-PARTY NETWORKS. BETA OFFERINGS ARE PROVIDED STRICTLY “AS IS” AND “AS AVAILABLE,” WITH NO WARRANTIES OF ANY KIND. CHEXOLOGY DISCLAIMS ALL WARRANTIES AND SHALL HAVE NO LIABILITY FOR ANY BETA OFFERINGS OR THIRD-PARTY SERVICES.

18. Limitations of Liability and Damages

IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, LOST DATA, BUSINESS INTERRUPTION, OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS IN SECTION 18 DO NOT APPLY TO YOUR BREACH OF THESE GENERAL TERMS, ADDITIONAL TERMS, POLICIES, OR ANY OTHER AGREEMENT BETWEEN YOU AND CHEXOLOGY. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS ANY PARTY’S LIABILITY FOR (a) GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, FRAUD OR FRAUDULENT MISREPRESENTATIONS, (b) MATTERS FOR WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, OR (c) ITS CONFIDENTIALITY AND INDEMNIFICATION OBLIGATIONS. THE LIMITATIONS SET FORTH IN SECTION 18 SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES SET FORTH IN THIS AGREEMENT. IN ANY EVENT, CHEXOLOGY’S SOLE LIABILITY, IF ANY, SHALL BE LIMITED TO (AT CHEXOLOGY’S SOLE DISCRETION) EITHER (a) RESOLUTION OF THE ISSUE; OR (b) A REFUND OR CREDIT FOR THE SUBSCRIPTION FEE PAID FOR THE PERIOD DURING WHICH THE AFFECTED SERVICES DID NOT COMPLY WITH CHEXOLOGY’S OBLIGATIONS OR LIMITED WARRANTY, AS THE CASE MAY BE.

19. Disputes

“Disputes” are defined as any claim, controversy, or dispute between you and Chexology, its processors, suppliers or licensors (or their respective affiliates, agents, directors or employees), including any claims relating in any way to these General Terms, any Additional Terms, or the Services, or any other aspect of our relationship.

20. Binding Individual Arbitration

You and Chexology agree to arbitrate any and all Disputes by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THESE GENERAL TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, REPRESENTATIVE ACTIONS AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST CHEXOLOGY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). All Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (https://www.adr.org) according to this Section and the applicable arbitration rules for that forum. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration so long as their matter remains in small claims court and proceeds only on an individual (non-class or non-representative) basis.

The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county where you reside. Otherwise, any arbitration hearing will occur in New York, New York, or another mutually agreeable location. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. We will pay the arbitration fees due to the American Arbitration Association for individual arbitrations brought in accordance with this section. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may seek to recover those fees from the arbitrator. For any claim where you are seeking relief, we will not seek to have you pay our attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and Chexology also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City and County of New York, New York, or federal court for the Southern District of New York.

21. Governing Law

These General Terms and any Dispute will be governed by New York law and/or applicable federal law (including the Federal Arbitration Act) as applied to agreements entered into and to be performed entirely within New York, without regard to its choice of law or conflicts of law principles.

22. Limitation on Time to Initiate a Dispute

Any action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.

23. Assignment

These General Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.

24. Third-Party Services and Links to Other Websites

You may be offered services and products provided by third parties and not by Chexology (“Third-Party Services”) through the Chexology Services. If you decide to use Third Party Services you will be responsible for reviewing and understanding the terms and conditions for these services. We are not responsible for the performance of any Third-Party Services. Further, you agree to resolve any disagreement between you and a third party regarding the terms and conditions of any Third Party Services with that third party directly in accordance with the terms and conditions of that relationship, and not Chexology. The Services may contain links to third party websites. The inclusion of any website link does not imply an approval, endorsement, or recommendation by Chexology. Such third-party websites are not governed by these General Terms. We expressly disclaim any liability for these websites. When you use a link to go from the Services to a third-party website, our Privacy Policy is no longer in effect.

25. Notices and Communications

All notices required or contemplated under the General Terms shall be in writing and shall be delivered by United States Postal Service, by Federal Express or other private courier service, or hand delivered to the addresses set forth:

Chexology LLC
PO Box 234550

Great Neck, New York 11023

With a copy to:

Mark D. Bogard, Esq.

3251 Third Ave, 2nd Floor

Bronx, New York 10456

26. Other Provisions

These General Terms, and any applicable Additional Terms or Policies, are a complete statement of the agreement between you and Chexology regarding the Services. In the event of a conflict between these General Terms and any other Chexology agreement or Policy, these General Terms will prevail and control the subject matter of such conflict. If any provision of these General Terms or any Additional Term is invalid or unenforceable under applicable law, then it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. These General Terms do not limit any rights that we may have under trade secret, copyright, patent, or other laws. No waiver of any term of these General Terms will be deemed a further or continuing waiver of such term or any other term.