Terms and Conditions2018-06-25T18:12:37+00:00

Terms and Conditions

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE Zefyr Station Platform, Zefyr Dispatch API access, or any other Zefyr offering (hereinafter, collectively, “Zefyr” with “Zefyr” also being used interchangeably as the name of Zefyr, Inc.). By completing your purchase of your license to use Zefyr, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use Zefyr. Zefyr, Inc. reserves the right, in its sole discretion, to change, modify, add, or delete portions of these terms of use at any time. All changes are effective immediately when posted. Zefyr, Inc. MAY CHANGE ITS PLATFORM IN ANY WAY OR DELETE CONTENT OR FEATURES AT ANY TIME, AND FOR ANY REASON OR NO REASON.

  1. RESTRICTIONS ON USE OF MATERIALS

All information, content, and materials contained on or within Zefyr are Zefyr’s copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or Zefyr’s licensors or licensees. Any use of Zefyr not expressly permitted by these Terms of Use is a breach of these Terms of Use and shall automatically terminate Zefyr’s permission for you to use Zefyr. You may not use Zefyr for any public purposes (i.e., to act as a service bureau, content provider, to further distribute Zefyr’s content). In using Zefyr, you may not duplicate or replicate any images, materials, files, or other materials or information incorporated in or generated by Zefyr, and data accompanying the software (collectively “Materials”) which are licensed to you by us or third-party licensors for your private use only. Zefyr does not transfer title to the Materials to you. You may own the medium on which the Materials reside, but Zefyr and our third-party licensors retain full and complete title to the Materials and all intellectual property rights therein. You may not redistribute, sell, auction, decompile, reverse engineer, disassemble, or otherwise reduce the Materials. Materials from Zefyr are further subject to United States (US) export controls. Without limiting the generality of the foregoing, no Materials from Zefyr may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to which export is subject to control or licensing by the US; or (b) to anyone on the US Treasury Department’s list of Specially Designated Nationals or the US Commerce Department’s Table of Deny Orders. By downloading or using the Materials, you 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 or otherwise in violation of export control laws or regulations.

  1. REGISTRATION INFORMATION AND SECURITY

If you register, you agree to provide, maintain, and update true, accurate, current, and complete information about yourself as prompted by Zefyr’s registration processes (the “Registration Data”). If you provide any information that does not satisfy this provision, or Zefyr has reasonable grounds to suspect as much, Zefyr has the right to suspend or terminate your account and refuse any and all current or future use of Zefyr (or any portion thereof). You also agree (a) to promptly notify Zefyr of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to Zefyr. In addition, you agree to exit from your account at the end of each session. Zefyr explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section.

  1. CONTENT LINKED TO ZEFYR

You should be aware that when you are on Zefyr, you could be directed to other sites that are beyond our control. We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in our search results or otherwise linked to Zefyr.

  1. DISCLAIMER

THE INFORMATION, CONTENT, AND MATERIALS ON ZEFYR, INCLUDING WITHOUT LIMITATION “USER POSTINGS” AS DEFINED BELOW, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ZEFYR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. ZEFYR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT, AND MATERIALS ON ZEFYR (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ZEFYR OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT, AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. ZEFYR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO ZEFYR, INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT, OR ANY THIRD-PARTY SITES OR SERVICES LINKED TO FROM ZEFYR IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Zefyr explicitly disclaims any responsibility for the accuracy, completeness, or availability of information, content, and materials found on sites that link to or from Zefyr. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any business decision.

 

  1. SUBSCRIPTIONS/BILLING/CANCELATION

Services offered on Zefyr are subscription-based services. You agree to pay for your use of Zefyr in advance of such use and may cancel your subscription at any time by managing your Zefyr subscription on Paypal.com. You will be charged for an entire term of use for any partial term your subscription remains active. No refunds or exceptions will be granted.

 

  1. INDEMNIFICATION

You are entirely responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives, and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers, and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities, and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of your use of Zefyr or any breach by you of these terms of use or claims arising from your use or account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

 

  1. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH), AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ZEFYR OR CONTENT, MATERIALS, OR FUNCTIONS ON ANY SUCH SITE, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF ZEFYR OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED ONE-HUNDRED DOLLARS ($100) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ZEFYR.

 

MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS, AND SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NONPERFORMANCE OF THIRD PARTIES, RESTRICTION OR ELIMINATION OF AVAILABLE DATA OR DATA ACCESS BY THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF US OR OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS, AND SUPPLIERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER WE NOR OUR LICENSORS AND LICENSEES, NOR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS, AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN ZEFYR AND ANY WEBSITE, SERVICE, SOFTWARE, OR HARDWARE, OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO ZEFYR IN AN ACCURATE OR TIMELY MANNER. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF OR THE EXCLUSION, LIMITATION, OR DISCLAIMER OF LIABILITY FOR THE CERTAIN PROVISIONS SET FORTH IN THESE TERMS OF USE, SO SUCH EXCLUSIONS, LIMITATIONS, OR DISCLAIMERS MAY NOT APPLY TO YOU.

 

  1. JURISDICTIONAL AND VENUE ISSUES

You agree that any action at law or in equity arising out of or relating to these Terms Of Use shall be filed, and that venue properly lies, only in state or federal courts located in Denver, Colorado, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You agree that Zefyr may, at its sole discretion, submit any claim to binding one-on-one arbitration for your claim(s) only in lieu of litigation. Such arbitration shall be conducted in Denver, Colorado, under the rules administered by the American Arbitration Association. Notwithstanding the foregoing, in no event shall any claim, action, or dispute relating to the ownership of IP be submitted to arbitration. Zefyr makes no representation that information, content, or materials in Zefyr are appropriate or available for use in any particular location. Those who choose to access Zefyr do so on their own initiative and are responsible for compliance with all applicable laws including, but not limited to, any applicable local laws.

 

  1. AMENDMENT

Zefyr reserves the right, in its sole discretion, to change, modify, add, or delete portions of these terms of use at any time without notice, and it is your responsibility to review these terms of use for any changes. Your use of Zefyr following any amendment of these terms of use will signify and constitute your assent to and acceptance of such revised terms of use. Your continued use of Zefyr following the posting of revised Terms of Use means that you accept and agree to the changes.

  1. GENERAL PROVISIONS

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Colorado and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these terms of use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms and Conditions by Zefyr shall be deemed a further or continuing waiver of such provision or any other provision, and Zefyr’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF ZEFYR MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

 

 

PRIVACY POLICY

Zefyr (also hereinafter referred to as the “Company”) is committed to maintaining robust privacy protections for its users. Zefyr’s Privacy Policy (“Privacy Policy”) is designed to help you understand how Zefyr collects, uses, and safeguards the information you provide to Zefyr and to assist you in making informed decisions when using Zefyr’s Service. For purposes of this Privacy Policy, “Service” refers to the Company’s service which can be accessed via Zefyr’s web platforms. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of Service. By accepting our Privacy Policy, Terms and Conditions, and User Agreement, you consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy.

  1. INFORMATION WE COLLECT

We collect “Non-Personal Information” and “Personal Information.” Non-Personal Information includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on data you submit and number of clicks. Personal Information includes the information you submit to us through the Zefyr registration process. In addition to the information provided automatically by your browser when you visit our platform, to become a subscriber to the Service a personal profile for you will be created. You can create a profile by registering with the Service and entering your email address, and creating a user name and a password. By registering, you are authorizing us to collect, store, and use your email address in accordance with this Privacy Policy.

  1. HOW WE USE AND SHARE INFORMATION

Personal Information:

Except as otherwise stated in this Privacy Policy, we do not sell, trade, rent or otherwise share for marketing purposes your Personal Information with third parties without your consent. We may share Personal Information with vendors who are performing services for the Company, such as the servers for our email communications who are provided access to user’s email address for purposes of sending emails from us. Those vendors may use your Personal Information only at our direction and in accordance with our Privacy Policy. In general, the Personal Information you provide to us is used to help us communicate with you. For example, we use Personal Information to contact users in response to questions, solicit feedback from users, provide technical support, and inform users about further offers or opportunities.

Information collected via Technology

To activate the Service, you must provide all information requested in initial Service sign-up form, and you will not be granted use or access to Service prior to completion of your subscription through the sign-up form. To use the Service thereafter, you do not need to submit further Personal Information. However, in an effort to improve the quality of the Service, we may track information provided to us by your browser or by our software application when you view or use the Service, such as the type of browser you use, the device from which you connected to the Service, the time and date of access, and other information that does not personally identify you. We may track this information using cookies, or small text files which include an anonymous unique identifier. Cookies may be sent to a user’s browser from our servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables us to collect Non-Personal information about that user and keep a record of the user’s preferences when utilizing our services, both on an individual and aggregate basis.

 

Non-Personal Information

In general, we use Non-Personal Information to help us improve the Service and customize the user experience. We also aggregate Non-Personal Information in order to track trends, do market analysis, analyze use patterns on the Site, and make Site platform improvements. This Privacy Policy does not limit in any way our use or disclosure of Non-Personal Information and we reserve the right to use and disclose such Non-Personal Information to our partners, advertisers, and other third parties at our discretion. In the event we undergo a business transaction such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge and consent that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of our assets may continue to process your Personal Information as set forth in this Privacy Policy. If our information practices change at any time in the future, we will post the policy changes to this Privacy Policy and our other user policies so that you may opt out of the new information practices. We suggest that you check the Site periodically if you are concerned about how your information is used.

  1. HOW WE PROTECT INFORMATION

We implement security measures designed to protect your information from unauthorized access. Your account is protected by your account password and we urge you to take steps to keep your personal information safe by not disclosing your password and by logging out of your account after each use. We further protect your information from potential security breaches by implementing certain technological security measures including encryption, firewalls, and secure socket layer technology. However, these measures do not guarantee that your information will not be accessed, disclosed, altered, or destroyed by breach of such firewalls and secure server software. By using our Service, you acknowledge that you understand and agree to assume these risks.

  1. YOUR RIGHTS REGARDING THE USE OF YOUR PERSONAL INFORMATION

You have the right at any time to prevent us from contacting you for marketing purposes. If we send a promotional communication to a user, the user can opt out of further promotional communications by following the unsubscribe instructions provided in each promotional e-mail. Please note that we may continue to send you administrative emails including, for example, periodic updates to our Privacy Policy.

  1. LINKS TO OTHER WEBSITES

As part of the Service, we may provide links to or compatibility with other websites or applications. However, we are not responsible for the privacy practices employed by those websites or the information or content they contain. This Privacy Policy applies solely to information collected by us through the Site and the Service. Therefore, this Privacy Policy does not apply to your use of a third-party website accessed by selecting a link on our Site or via our Service. To the extent that you access or use the Service through or on another website or application, then the privacy policy of that other website or application will apply to your access or use of that site or application. We encourage our users to read the privacy statements of other websites before proceeding to use them.

  1. CHANGES TO OUR PRIVACY POLICY

The Company reserves the right to change this Privacy Policy, our Terms of Service, and User Agreement at any time. We will notify you of significant changes to our Privacy Policy by sending a notice to the primary email address specified in your account or by placing a prominent notice on our platform. Significant changes will go into effect thirty (30) days following such notification. Non-material changes or clarifications will take effect immediately. You should periodically our Privacy Policy, Terms and Conditions, and User Agreement for updates.

  1. CONTACT US

If you have any questions regarding this Privacy Policy or the practices of this Site, please contact us by sending an email to Info@GoZefyr.com.

ZEFYR USER AGREEMENT

This Zefyr User Agreement (“User Agreement”) supplements Zefyr’s Terms and Conditions and Privacy Policy, both of which remain in full force and effect for any and all use of the Zefyr Station and Zefyr Dispatch platforms and associated services.

  1. INTRODUCTION

Use of Zefyr Station, Zefyr Dispatch, and any other Zefyr products or services (collectively, “Zefyr”) is conditional upon you accepting the Terms and Conditions of Zefyr. Unless otherwise specified, your acceptance of this User Agreement shall be indicated by your use of and/or registration with Zefyr. Zefyr is provided by Zefyr Inc. and its suppliers (“we”/“our”/ “us”). This User Agreement, along with our Terms and Conditions and Privacy Policy, form our entire agreement with you in respect of your use of Zefyr. If a company is inserted in your registration request, then the User Agreement shall be between us and that company and accordingly unless the context otherwise requires, references to “you” and “your” in this User Agreement shall also be to that company.

  1. AVAILABILITY OF ZEFYR

We will endeavor to ensure that Zefyr is available twenty-four (24) hours per day without any interruptions. However, we reserve the right to make Zefyr unavailable at any time or to restrict access to parts or all of Zefyr without notice. Zefyr is a general information service. We will endeavor not to make it misleading, but we cannot represent that the information accessible on or via Zefyr is accurate, not-misleading, complete, or up-to-date contemporaneous with your use.

  1. USE OF ZEFYR

Zefyr is designed for your company’s commercial use, and you must not use it in any other way without our consent. Except as permitted under applicable law, you must not use, copy, translate, publish, license, or sell Zefyr or any materials or information in Zefyr, or the structure, overall style, and program code of Zefyr without our consent. If you wish to make a request for consent, please contact info@GoZefyr.com.

  1. YOUR CONTRIBUTIONS

You agree to only use Zefyr for lawful purposes and that any information that you provide in connection with, or which forms part of Zefyr will be, as far as you are aware, true and accurate, and will not infringe any copyright or trademark, or any right of privacy, publicity, or other personality or any other right, whether registered or unregistered, of any other nature or any person, or be obscene, libelous, blasphemous, or defamatory, and you agree to indemnify us against all claims, proceedings, damages, liabilities, and costs, including legal costs arising out of your breach of this term. We cannot make any assurances about the information or contribution made by any other user, and you should exercise caution before acting or otherwise relying upon any information you obtain via Zefyr.

  1. LINKS

Zefyr may include links to other internet sites and/or services. Without limiting what we say elsewhere, we make no representations or warranties about those sites and/or services, their content or effectiveness, nor that the links work.

  1. DATA PROTECTION

It is your responsibility to ensure that you give us an accurate and valid email address and other contact details and tell us of any changes to them. We comply with all applicable Data Protection laws of the United States. For a description of how we use your personal data, please see our Privacy Policy.

  1. VOLUNTARY USE AND OUR LIABILITY

Your use of Zefyr is completely voluntary, and you agree to indemnify and hold us harmless for any damages to you or any other parties associated with you as a result of your use and/or reliance upon the data and information contained in Zefyr. It is a condition of your use of Zefyr that such use of Zefyr is at your own risk. We shall not be liable to you, or in breach of this User Agreement, for any delay or failure to perform any obligation if the delay or failure is due to a cause beyond our reasonable control including, without limitation, the blocking or restricting of information to and/or from our network. Except as expressly provided in this User Agreement, we disclaim any further representations, warranties, conditions, or other terms, express or implied, by statute, collaterally or otherwise, including but not limited to implied warranties, conditions, or other terms of satisfactory quality, fitness for a particular purpose, or reasonable care and skill. With exception as provided below, we disclaim all and will not be liable in contract, tort (including, without limitation, negligence), or otherwise arising in connection with this User Agreement or Zefyr for: (i) consequential, indirect, or special loss or damage; or (ii) any loss of goodwill or reputation; or (iii) any economic losses (including loss of revenues, profits, contracts, business, or anticipated savings), in each case, even if we have been advised of the possibility of such loss or damage and however incurred. Our maximum liability to you in contract, tort (including, without limitation, negligence) or otherwise arising in connection with this User Agreement or Zefyr shall be limited to one-hundred dollars ($100.00). Notwithstanding any other provision of this User Agreement, we will be liable to you to the extent that liability arises under Part 1 or Section 41 of the Consumer Protection Act 1987 and for liability arising from statements made fraudulently by us.

  1. INTELLECTUAL PROPERTY

Zefyr, its style, structure, and the materials and information on Zefyr are protected by copyright and other intellectual property rights, and may not be used by you except as expressly provided in this User Agreement. The authors of information and reports within Zefyr assert their moral rights. Zefyr and Zefyr Inc. are registered trademarks of Zefyr.

  1. MISCELLANEOUS

Zefyr may terminate this User Agreement at any time and you may terminate this User Agreement upon your discontinued use of Zefyr. You may not transfer any of your rights or delegate any of your obligations under this User Agreement without our prior written consent. If we fail to enforce any provision of this User Agreement, that failure will not preclude us from enforcing either that provision or any similar provision at a later time. Nothing in this User Agreement shall confer on a third party any benefit or right to enforce any term of the User Agreement. This User Agreement is governed by the laws of the State of Delaware, and any dispute connected with this agreement is subject to the exclusive jurisdiction of the courts of the State of Delaware.

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