Last Updated: January 30, 2017

Please read this Agreement carefully before using the Site.

The following terms and conditions (the “Agreement”) govern all use of the website located at www.marketpromax.com (the “Website”), the Market Pro Max platform, and all software, products, services, content and documentation available from via the Website (collectively, the “Service”). The Service is provided to you by Netbloo Media Ltd (“Netbloo Media", “We”, “Us” and “Our”). The Service is subject to your (“You” or “Your”) acceptance without modification of all of the terms and conditions contained herein. By using the Service – You agree to this Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND/OR THE PRIVACY POLICY YOU DO NOT HAVE OUR AUTHORIZATION TO USE AND YOU MAY NOT ACCESS OR USE ANY PORTION OF THE SITE. This Agreement includes any policies we post on in the Website (“Policies”). To the extent they conflict with this Agreement, such different or additional terms and conditions will control.

You hereby certify to Netbloo that You are at least 18 years of age. In jurisdictions where 16 is not the age of consent to contract, You represent and warrant that You have all necessary authorizations and permissions from an appropriate legal guardian. You also certifies that You are otherwise legally permitted to use the Service.

SCOPE.

The Service is a platform that helps enable users to create an online course portal and marketing web pages to promote the online course.

MODIFICATIONS OF THIS AGREEMENT. 

Netbloo reserves the right to modify or replace any of the terms or conditions of this Agreement at any time. You will be notified of such changes by email, account notification, or a notice posted on the Website. Your continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes.

ACCOUNT; INFORMATION YOU SUBMIT TO US.

To subscribe to the Service You may be required to create a Service account (“Account”). In the event You submit any information to the Service (such as during the registration process – for example, entry of Your credit card payment details), You represent and warrant that You have full right and authority to do so – and that such information is complete and accurate at all times. You must not share Your Account log-in details with anyone.

SERVICE UPDATES, IMPROVEMENTS AND NEW FEATURES. 

Netbloo Media is not obligated to provide any maintenance, support, updates or improvements to the Service. However, if Netbloo Media, in its sole discretion, provides You with any updates or improvements – this Agreement shall apply to them. Updates, improvements and special features may be subject to different or additional terms or conditions.

OWNERSHIP; GRANT OF LICENSE; RESTRICTIONS.

Ownership.  Netbloo Media reserves all rights not expressly granted to You in this Agreement. Netbloo Media and/or its licensors retain title to all right, title and interest in and to the Service any all intellectual property rights therein.

Grant of Use Right; Software License. Subject to the terms and conditions of this Agreement, Netbloo Media grants You a nonexclusive, personal, revocable, non-transferable non-sublicensable right to access and use the Service, on a remote basis, solely for the purposes for which it is provided by Netbloo Media and only in accordance with all Documentation. “Documentation” shall mean the documentation, in either electronic or printed format, provided with, or made accessible via, the Service. In the event any software is provided for download, Netbloo Media grants You a nonexclusive, personal, revocable, non-transferable non-sublicensable license to use the Software (only in object code form) solely for the purposes for which it is provided by Netbloo Media and only in accordance with all Documentation (“Software”). YOU MAY ONLY USE THE SOFTWARE OR AUTHORIZED THIRD-PARTY SOFTWARE TO ACCESS AND/OR USE THE SERVICE. For clarity, Software is included in the definition of “Service”.

Lifetime Licenses. Lifetime access means access for the life of the Service. Your lifetime license means You will have lifetime access to the current version of the Service provided to You at the time of Your purchase (or subscription to) the Service. For example if at the time of purchase (or subscribe to) the Service You received lifetime access to Version 1 of the Service, You will have lifetime access to Version 1. Netbloo Media is not required to make any further updates, fixes or enhancements to that specific version. Access to any other version of Market Pro Max may require a new purchase (or subscription). The foregoing is subject to Netbloo Media’s termination rights herein.

SERVICE TERMS AND LIMITATIONS.

User Agreement. In order to access certain Service, You will be required to register for a Market Pro Max account (an “Account”). You agree to: (a) provide true, accurate, current and complete information about Yourself when registering for an Account; and (b) maintain and promptly update Your Account to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or Netbloo Media has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Netbloo Media has the right to suspend or terminate Your Account and refuse any and all current or future use of the Service.

User Representations. You represent and warrant to Netbloo Media that You will (a) maintain the security of Your user identification, password and other confidential information relating to Your Account; (b) maintain the security, confidentiality and integrity of all messages and the content that You receive, transmit through or store on the Service; (c) maintain all charges resulting from the use of Your Account, including but not limited to, unauthorized use of Your Account prior to You notifying Netbloo Media in writing of such use and taking steps to prevent its further occurrence by changing Your password; (d) comply with the terms set forth herein; and (e) comply with all applicable U.S. and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding Your use of the Service. You further represent and warrant that (i) all information provided by You to Netbloo Media, is truthful, accurate and complete; (ii) You shall comply with all terms and conditions of this Agreement; and (iii) You have provided and will provide accurate and complete registration information, including, without limitation, Your legal name, address and telephone number. If You are using the Service on behalf of another person or entity, You further represent and warrant that You have the authority to bind the party or entity for which You are using the Service to this Agreement.

Restrictions.

You are not permitted, directly or indirectly, and the foregoing license grant does NOT include the right for You to (a) publish, publicly perform or display, or distribute to any third party any Documentation, including reproduction on any computer network or broadcast or publications media; (b) market, sell or make commercial use of the Service ; (c) systematically collect and use of any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods; (d) make derivative uses of the Service; or (e) use, frame or utilize framing techniques to enclose any portion of the Website (including the images found at this Website or any text or the layout or design of any page or form contained on a page). For clarity, Documentation is included in the definition of “Service”.

The Service contains copyrighted material, trade secrets, and other proprietary materials of Netbloo Media and its licensors. You agree that in order to protect those proprietary materials, except as expressly permitted by applicable law, neither You nor a third party acting on Your behalf will directly or indirectly: (a) modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), create derivative works based on the Service; (b) copy the Service (including any content) or engage in any acts inconsistent with the principles of copyright protection and fair use without obtaining the express written consent of Netbloo Media and/or the copyright owner; (c) distribute, display (except for the purposes authorized herein), rent, lease, transfer or otherwise transfer rights to, or in any way exploit, the Service, in whole or in part; (d) transmit the Service or provide its functionality, in whole or in part, over the Internet or other network (except as expressly permitted above); or (e) remove any proprietary notices or labels on or in the Service.

You may not use any software or services in conjunction with the Service or authorized third-party software which modifies or reroutes, or attempts to modify or reroute, the Service. You may not authorize any third party to access and/or use the Service on Your behalf using any automated process such as a BOT, a spider or periodic caching of information stored by the Service on Your behalf without a separate written agreement with Netbloo Media. You may not use any software or hardware that reduces the number of users directly accessing or using the Service (sometimes called 'multiplexing' or 'pooling' software or hardware). For clarity, all restrictions contained in this Agreement, and all of Netbloo Medias rights, with respect to the Service will apply to any product, service or portion thereof.

CLIENT CONTENT FOR DISTRIBUTION.

If You provide any content (“Your Content”) for distribution to any of Your customers or other third parties (collectively, “Customers”), You hereby grant Netbloo Media and its affiliates and distribution partners an irrevocable, perpetual, non-exclusive, royalty free, fully paid-up right and license to reproduce, copy, display, transmit and otherwise distribute such Your Content to the applicable Customers. Netbloo Media may modify such Your Content as it deems reasonably necessary for technical and formatting purposes (and to comply with any Policies). You represent and warrant that (i) you have all right, power and authority to grant the foregoing right and license and (ii) non of Your Content will infringe or otherwise violate the rights of any third party.

CLIENT USER DATA.

In using the Service, You may be providing to Netbloo Media or uploading to Your Account information regarding the activities, preferences, questionnaires, surveys, and/or other information (the “Client User Data”) of Customers. Client User Data may at times contain Customer Personal Information (as defined in the Privacy Policy). As between You and Netbloo Media, You shall retain ownership of all Client User Data. You acknowledge and agree that You will (a) abide by all applicable state, federal and international laws, rules and regulations, including all terms and conditions set forth herein, as well as other applicable laws relating to privacy, data collection and transfer of Customer Personal Information (as defined in the Privacy Policy); (b) obtain any necessary consents from applicable third parties, including from Your Customers, in connection with such use of the Service; (c) comply with all applicable law, rules, and regulations regarding the collection of Your Client User Data and Customer Personal Information, including, but not limited to, (1) posting an easily accessible privacy notice on Your website (which shall be linked to conspicuously from the home page(s) of Your website) which contains language that clearly conveys to Your Customers that You collect data regarding Customer’s online activities over time and across non-affiliated web sites, mobile applications, or online services, as applicable, and that indicates such collected data (i) may include Customer Personal Information (as defined in the Privacy Policy), and (ii) is disclosed to Netbloo Media in connection with the Service; and (2) providing links to industry-developed websites or other tools that permit Your Customer to opt out of such data collection practices.

You hereby grant to Netbloo Media a irrevocable, perpetual, non-exclusive, royalty-free, fully paid-up right and license to access such Client User Data for the purposes of (a) providing You with reports and other functions related to the Service; (b) analyzing and improving the Service; and/or (c) compiling aggregate data derived from Your use of the Service to compile statistics, metrics, insights and general trend data about the Service for, among other things, Netbloo Media’s marketing and promotional purposes. This information will be presented only in aggregate form, and Netbloo Media will not share specific site data that identifies You or Your Customers without Your permission. You represent and warrant that You have all rights, licenses, and consents required to license Client User Data to Netbloo Media on these terms, and further represent and warrant that this license does not infringe the rights of any third party or violate any applicable law or regulation.

You are solely responsible for the Client User Data You provide to Netbloo Media on the Website or through the Service. In the event You do not want Customer Personal Information (as defined in the Privacy Policy) provided to Netbloo Media, You are solely responsible for protecting and/or redacting any confidential, proprietary, or sensitive information in Your Client User Data. You understand that when You post any Client User Data on or through the Service, You authorize and direct Netbloo Media to make such copies thereof as we deem necessary in order to facilitate the posting and storage of such content on or through the Service.

You represent and warrant that each time You post Client User Data on or through the Service, You own or otherwise control the rights or have the necessary consents to post such Client User Data and to enable inclusion and use of the Client User Data in the manner contemplated by the Service. You further warrant, represent and agree that You will not contribute any Client User Data that (a) infringes the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; (b) violates any law, statute, ordinance or regulation; (c) You should know is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, fraudulent, deceptive, or misleading or otherwise objectionable; (d) contains malicious code, such as viruses, timebombs, cancelbots, worms, trojan horse, spyware, or other potentially harmful programs or other material or information; and/or (e) circumvents, disables or otherwise interferes with security-related features of Service or its features that prevent or restrict use or copying of any content.

GENERAL CONTENT.

You agree that the Service contains information and other content specifically provided by Netbloo Media or our partners and that such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Us in writing, You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such content. Reproducing, copying or distributing any such content, including any materials or design elements on the Service, for any other purpose is strictly prohibited without the express prior written permission of Netbloo.

FEES.

Prices of the Service is located at the Website, including but not limited to monthly subscription plan fees to the Service (“Fees’). Fees are subject to change on forty-eight (48 hours’ notice from Us (and will go into effect at the beginning of your next subscription period). Such notice may be provided by posting the changes to the Market Pro Max site (marketpromax.com) or the Service itself. Netbloo Media shall not be liable to You or to any third party for any modification, price change, suspension or discontinuance of the Service.

Access and/or use of certain parts of the Service, may be on a subscription Fee basis (Your “Subscription”). You understand and agree that (i) You will pay Netbloo Media the Fees for the Service applicable to the account level chosen, and (ii) during the Term (as defined herein) Netbloo Media will charge You the Fees for the entire period of the Term, and (iv) all Fees are paid in advance and are non-refundable (but, if Netbloo Media terminates this Agreement without cause it will refund to You all fees paid in advance for the then-current subscription term). Unless otherwise stated, all fees are stated in U.S. Dollars. The Fees for the Service do not include any payment for telecommunications and computer hardware, software, telecommunications access charges, lines or connections or other equipment and services required to access and use the Service. Except as set forth above, there will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused. We reserve the right to deactivate Your access to the Service for failure to pay applicable Fees. In the event You fail to pay any amount when due, Netbloo Media may immediately suspend or terminate this Agreement and Your access to the Service.

Credit Card. 

Where credit card payments have been authorized, this section applies. All Fees due hereunder will be billed to the credit card identified by You during registration (or to an updated credit card if You change Your payment information during the subscription). You authorize the relevant card issuer to pay any amounts due hereunder. If You upgrade Your subscription plan, Your credit card may be charged accordingly for the relevant upgrade fees. You agree to provide current, complete and accurate billing and credit card information. You agree to promptly update all billing information (such as billing address, card number, and expiration date) to keep Your account current, complete and accurate, and You must promptly contact Netbloo Media if Your credit card is lost or stolen. You authorize Netbloo Media to obtain or determine updated or replacement expiration dates for Your credit card in the event that the credit card expires. Netbloo Media reserves the right to charge any renewal card issued to You to the same extent as the expired card. If payment is not received from Your credit card issuer, You agree to pay all amounts due upon demand. You understand that, in certain instances, the issuer of Your credit card may charge You a foreign transaction fee or related charges, which You will be responsible to pay. Please check with Your bank and credit card issuer for details. You will be responsible for paying any applicable taxes, currency conversion charges, sales, use, value-added, personal property or other tax, duty or levy of any kind, including interest and penalties thereon (“Taxes”), whether imposed now or hereinafter by any governmental entity, relating to Your payments and credits received and will indemnify and hold harmless Netbloo Media from any and all Taxes based on any payments made or received by You in connection with the Service.

Netbloo Media uses a third party service provider (the “Processor”) for payment services (e.g., credit card transaction processing, merchant settlement, and any related service fees). Netbloo Media’s Processor is currently Stripe. By using the Service, You agree to be bound by Processor’s Terms of Service (currently accessible at: https://stripe.com/gb/legal/) and Processor’s Privacy Policy (currently accessible at: https://stripe.com/gb/legal/). You hereby consent to provide and authorize Netbloo Media and Processor to share any information and payment instructions You provide to the extent required to complete the payment transactions in accordance with this Agreement, including personal, financial, credit card payment, and transaction information. By providing Netbloo Media or Processor with Your payment information, You agree that Processor is authorized to immediately invoice You for all fees and charges due and payable to Netbloo Media hereunder and that no additional notice or consent is required. You agree to immediately notify Netbloo Media and Processor (as applicable) of any change to Your payment information.You will be responsible for paying any applicable taxes, currency conversion charges, sales, use, value-added, personal property or other tax, duty or levy of any kind, including interest and penalties thereon (“Taxes”), whether imposed now or hereinafter by any governmental entity, relating to Your payments and credits received and will indemnify and hold harmless Netbloo Media and Processor from any and all Taxes based on any payments made or received by You in connection with the Services.

OPERATION. 

You acknowledge and agree that from time to time the Service may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs which Netbloo Media may undertake from time to time; or (c) causes beyond the control of Netbloo Media or which are not reasonably foreseeable by Netbloo Media. The Service is controlled and offered by Netbloo Media from its facilities in Hong Kong (which is subject to change by Netbloo Media at any time) and Netbloo Media makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

DISCLAIMERS. 

NETBLOO MEDIA PROVIDES THE SERVICE AND THE SERVICE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE". NETBLOO MEDIA (AND ITS AFFILIATES, ITS PARTNERS, AND EACH OF ITS, AND ITS AFFILIATES, AND ITS PARTNERS, EMPLOYEES, CONTRACTORS, DIRECTORS, SUPPLIERS AND REPRESENTATIVES) (“NETBLOO PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE OR ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NETBLOO MEDIA AND THE NETBLOO PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECT, OR THAT FILES AVAILABLE FOR DOWNLOADING FROM VIA THE SERVICE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. NETBLOO MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY USER CONTENT OR OTHER THIRD PARTY CONTENT, PRODUCTS OR SERVICES (INCLUDING, WITHOUT LIMITATION, AS MADE AVAILABLE VIA THE SERVICE).

LIABILITY LIMITATION.

 

NOTWITHSTANDING THE ANYTHING TO THE CONTRARY HEREIN, NETBLOO MEDIA AND THE NETBLOO PARTIES WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY, FOR ANY: (I) ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, (II) ANY BUGS, VIRUSES, TROJAN HORSES, DEFECTS OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) THE LOSS OF ANY DATA OR OTHER TECHNICAL ISSUES, OR DAMAGES TO YOUR COMPUTER, PHONE, MOBILE DEVICE OR OTHER HARDWARE OR SOFTWARE THAT IS CAUSED BY THE SERVICE OR ANY OF NETBLOO MEDIA’S SYSTEMS, APPLICATIONS, CODE, PROCESSES OR METHODS, (IV) ANY DAMAGES CAUSED BY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, LANDLINE AND MOBILE CARRIERS, (V) ANY DAMAGES CAUSED BY MATTERS BEYOND OUR REASONABLE CONTROL (SUCH AS ACTS OF GOD OR TELECOMMUNICATION FAILURES), (VI) OR (VII) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE AMOUNTS YOU HAVE PAID TO US IN THE THREE (3) MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION ACCRUED (OR, IF NO AMOUNTS HAVE BEEN PAID, SUCH CAP WILL BE US$50.00). NETBLOO MEDIA AND THE NETBLOO PARTIES WILL HAVE NO LIABILITY WITH RESPECT TO ANY USER CONTENT OR OTHER THIRD PARTY CONTENT, PRODUCTS OR SERVICES (INCLUDING, WITHOUT LIMITATION, AS MADE AVAILABLE VIA THE SERVICE).

INDEMNITY.

You shall indemnify and hold harmless Netbloo Media and the Netbloo Parties from all claims, actions, demands, liabilities, losses, damages, judgements, settlements, claims, costs and expenses, including reasonable attorneys' fees, that arise from or in connection with (i) Your breach of this Agreement, (ii) Your negligence, willful misconduct or violation of any laws or regulations or third party rights or (iii) any of Your Content or Your Client User Content. Netbloo Media reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully assist and cooperate with Netbloo Media in asserting any available defenses.

TERM AND TERMINATION.

Term. This Agreement shall commence on the day You register for an Account and shall continue until terminated as set forth herein (the “Term”). If You subscribe for a Subscription, the term shall automatically renew thereafter for successive and consecutive terms pursuant to Your Subscription. You may terminate (a) Your Subscription by providing Netbloo Media with written notice at least sixty (60) days prior to the expiration of such Term in the event You wish not to renew Your Subscription, or (b) in the event You have not engaged in a Subscription, this Agreement at any time. The only accepted method for You to cancel Your Subscription to the Service is via the settings available through Your Account (when You are logged into Your Account by going to Your account preferences and using the cancellation link). An email or phone request to cancel Your Account is not considered cancellation. Netbloo Media may suspend Your Account and/or terminate this Agreement (i) in the event You do not have a Subscription, at any time for any reason without notice, (ii) if You are subject to a Subscription, (A) immediately on notice if You breach this Agreement (such as, a failure to pay Netbloo Media when amounts owed are due), (B) for any or no reason, with thirty (30) days prior notice to You or (C) immediately on notice if You become the subject of a voluntary or involuntary petition in bankruptcy, or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.

Effect of Termination. Any termination of this Agreement shall not relieve You of any of Your obligations or liabilities accrued hereunder prior to such termination. Upon termination, You will pay all Fees owed and due to Netbloo Media and You understand and agree that Fees charged for any portion of a Term are non-refundable (except as set forth in the “Fees” section below). All provisions which by their nature should survive termination, shall survive.

FEEDBACK.

Netbloo Media encourages Our users to submit comments, suggestions, error reports, or support inquiries to Us using the feedback function of Website (if one is available) (“Feedback”). You shall and hereby do grant Netbloo Media an irrevocable, perpetual, non-exclusive, sublicensable, transferrable, fully paid-up, royalty free, worldwide rights and license to use, reproduce, distribute, develop and otherwise exercise, for any purposes, all right, title and interest in an to such Feedback.

PRIVACY. 

Netbloo Media takes the privacy of its users very seriously. We strongly urge You to review our privacy policy located on the Website at http://netbloomedia.com/privacy.php. We have endeavored to make our policy straightforward and clear. That said, if You have any questions about how We treat Your personally identifiable information, please email us at the email provided in the policy.

NOTICE. 

Netbloo Media may deliver notice to You pursuant to this Agreement by means of email to the email address on record in Your Account, a general notice on the Website, by notice or message posted or delivered to Your Account, or by mail to Your address on record in Your Account. Notice to Netbloo Media at any time via email to address:

ATTN: Member Services

[email protected]
v0.1C 18 Oct 2012

GENERAL.

This Agreement shall be governed by and construed in accordance with the laws of Hong Kong. You agree that any legal action or proceeding between Netbloo Media and You for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Hong Kong (and you hereby consent to such exclusive jurisdiction). Any cause of action or claim You may have with respect to Netbloo Media must be commenced within one (1) year after the claim or cause of action arises. Netbloo Media failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver. This Agreement constitutes the complete and exclusive statement of the agreement between the parties with respect to the Service and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Service. If any action in law or in equity is necessary to enforce this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled. The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof. No provisions of this Agreement is intended, nor will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any nonprofit user, client, customer, affiliate, or any party hereto or any other person unless specifically provided otherwise herein, and except as so provided, all provisions hereof will be personal solely between the parties to this Agreement.