Investservis JSC® SUBSCRIBER AGREEMENT
This Investservis JSC Subscriber Agreement ("Agreement") is a legal document that explains your rights and obligations as a Subscriber. Please read it carefully.
1. REGISTRATION AND ACTIVATION.
Investservis JSC is an online service ("Free Jetico Anonymizer gadget ") offered by Investservis JSC .
You become a subscriber of Investservis JSC ("Subscriber") by installing the Investservis JSC client software and completing the Investservis JSC registration. Additionally, as a Subscriber you may obtain access to certain services, software and content ("Subscriptions") available to Subscribers. Conclusion of this contract between Investservis JSC and you takes place as soon as you access the Investservis JSC service after accepting this Agreement.
Unless you are a Licensed Cybercafe Operator (as defined below), this Agreement does not allow you to exploit the Software or any of its parts for any commercial purpose including, but not limited to, use at a Cybercafe, computer gaming center or any other location-based site. A "Cybercafe" is a physical establishment in which computer stations are made available for use by customers. A "Licensed Cybercafe Operator" is a Cybercafe that has agreed to the Subscription Terms for Licensed Cybercafe Operators posted at https://nottotrack.com/
Each Subscription allows you access to certain services, software and other content under the terms of each such Subscription and this Agreement. Additional terms provided with each such Subscription ("Subscription Terms") may apply to the use of a given Subscription, and are incorporated into this Agreement. Further, additional terms (for example, fees and billing procedures) may be posted on https://nottotrack.com/
When you complete Investservis JSC registration process, you create a Investservis JSC account ("Account"). Your Account may also include billing information you provide to us for the purchase of Subscriptions. You are solely responsible for all activity on your Account and for the security of your computer system. You may not reveal, share or otherwise allow others to use your password or Account. You agree that you are personally responsible for the use of your password and Account and for all of the communication and activity on Investservis JSC that results from use of your login name and password. You may not sell or charge others for the right to use your Account, or otherwise transfer your Account.
A. License Terms.
Investservis JSC and your Subscription(s) require the automatic download and installation of software and other content and updates onto your computer ("Software"). You may not use the Software for any purpose other than the permitted access to Investservis JSC and your Subscriptions. You understand that for reasons that include, without limitation, system security, stability, and multiplayer interoperability, Investservis JSC may need to automatically update, pre-load, create new versions or otherwise enhance the Software and accordingly, the system requirements to use the Software may change over time. You understand that neither this Agreement nor the terms associated with a particular Subscription entitles you to future updates, new versions or other enhancements of the Software associated with a particular Subscription although Investservis JSC may choose to provide such updates, etc. in its sole discretion.
Investservis JSC hereby grants, and you accept, a limited, terminable, non-exclusive license and right to use the Software for your personal use in accordance with this Agreement and the Subscription Terms. The Software is licensed, not sold. Your license confers no title or ownership in the Software.
Additionally, Investservis JSC hereby grants, and you accept, a limited, terminable, non-exclusive license (the вЂњInstaller License вЂќ) to reproduce and distribute an unlimited number of exact copies of the Investservis JSC client installation software ("Investservis JSC Installer") via online download; provided that the following conditions are met:
(i) you must redistribute the Investservis JSC Installer in its entirety;
(ii) you must not modify the Investservis JSC Installer in any way nor integrate or combine it with another software program;
(iii) you must redistribute the Investservis JSC Installer on a non-commercial basis (i.e. you may not charge any fee or receive any compensation for your redistribution);
(iv) you must include any Investservis JSC license agreement provided with the Investservis JSC Installer; and
(v) you must preserve in all copies of the Investservis JSC Installer all copyright and legal notices that are attached to the copy of the Investservis JSC Installer received by you.
B. Beta Software Terms
Investservis JSC may from time to time make software accessible to you via Investservis JSC prior to the general commercial release of such software ("Beta Software"). You are not required to use Beta Software, but if Investservis JSC offers it, you may elect to use it under the following terms. Beta Software will be deemed to be Software, and each item of Beta Software provided will be deemed a Subscription for such Beta Software, with the following provisions specific to Beta Software:
(i) your right to use the Beta Software license is effective until the earlier of: (a) Investservis JSC ceases to make the Beta Software accessible to you; (b) Investservis JSC issues a final release of the software that corresponds to the Beta Software; or (c) termination by Investservis JSC pursuant to Section 13 below;
(ii) certain Beta Software may be made available to you subject to additional Subscription Terms to which you must agree as a condition of use of the Beta Software;
(iii) Investservis JSC may request or require that you provide suggestions, feedback, or data regarding your use of the Beta Software, which will be deemed User Generated Information under Section 7 below; and
(iv) in addition to the waivers and limitations of liability for all Software under Section 9 below, you specifically acknowledge that Beta Software is not final and may create incompatibilities or damage to your computer, data, and/or software. If you decide to install and/or use Beta Software, it is entirely at your own risk.
All title, ownership rights and intellectual property rights in and to the Software and any and all copies thereof are owned by Investservis JSC and/or its licensors. All rights reserved, except as expressly stated herein. The Software is protected by the copyright laws of the United States, international copyright treaties and conventions and other laws. The Software contains certain licensed materials and Investservis JSC 's licensors may protect their rights in the event of any violation of this Agreement.
Except as otherwise permitted under Section 2(C) with regard to the SDK, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, create derivative works based on, or remove any proprietary notices or labels from the Software or any software accessed via Investservis JSC without the prior consent, in writing, of Investservis JSC
You are entitled to use the Software for your own use, but you are not entitled to: (i) sell, grant a security interest in or transfer reproductions of the Software to other parties in any way, nor to rent, lease or license the Software to others without the prior written consent of Investservis JSC; (ii) host or provide matchmaking services for the Software or emulate or redirect the communication protocols used by Investservis JSC in any network feature of the Software, through protocol emulation, tunneling, modifying or adding components to the Software, use of a utility program or any other techniques now known or hereafter developed, for any purpose including, but not limited to network play over the Internet, network play utilizing commercial or non-commercial gaming networks or as part of content aggregation networks, without the prior written consent of Investservis JSC; or (iii) exploit the Software or any of its parts for any commercial purpose.
Investservis JSC may from time to time offer items other than software, content and services for purchase via Investservis JSC (e.g., apparel, books, posters, etc.) ("Merchandise"). Investservis JSC may offer Merchandise together with or separate from Subscriptions, but such Merchandise is incidental to Subscriptions and the predominant purpose of Investservis JSC is and shall remain the provision of Subscriptions and services related thereto. All offers to purchase Merchandise via Investservis JSC are made and accepted subject to the terms and conditions of this Agreement. Your communications with Investservis JSC or submission of any purchase order or other similar forms containing provisions contrary to the terms of this Agreement or the terms presented by Investservis JSC during purchase of Merchandise via Investservis JSC are hereby rejected and are not binding on Investservis JSC
B. Shipping & Risk of Loss
This is a shipment contract. All Merchandise will be shipped FOB Blaine, Washington, unless Investservis JSC designates otherwise on Investservis JSC in connection with a particular order. If you are an international customer, you acknowledge that Merchandise will be shipped from the United States and that you are responsible for any applicable import duties, customs fees, and taxes. Investservis JSC 's liability as to delivery ceases, and title and risk of loss for the Merchandise will pass upon Investservis JSC’s delivery of the Merchandise to a transportation carrier at the designated shipping point. If you pick up the Merchandise from Investservis JSC’s place of business, title to and risk of loss will pass to you when Merchandise is placed at your disposal.
The terms of this Section 3.C do not apply to European Union consumers. You will have a period of thirty (30) days after the date of receipt of any Merchandise to examine the Merchandise to confirm that it conforms to this Agreement and the offer for such Merchandise presented to you at Investservis JSC If the Merchandise does not conform to this Agreement and the offer for such Merchandise presented to you via Investservis JSC, you may reject the Merchandise by returning it to Investservis JSC (at your expense) along with a copy of the receipt or other proof of purchase. Additional policies and instructions for returning defective merchandise to Investservis JSC can be found at https://nottotrack.com/
. After Investservis JSC has received your valid return, Investservis JSC will, within a reasonable time and in Investservis JSC’s sole discretion: repair the Merchandise, replace the Merchandise with an equivalent item, credit to the credit card used to pay for the product an amount equal to the value of the Merchandise (as determined by Investservis JSC in its reasonable discretion), or provide another remedy that Investservis JSC determines in good faith is appropriate in the circumstances. All claims whether based on contract, negligence, strict liability or otherwise are waived unless made in writing and received by Investservis JSC within thirty (30) days after your receipt of Merchandise.
4. BILLING, PAYMENT AND OTHER SUBSCRIPTIONS
Investservis JSCoffers some Subscriptions for free, and some for a Subscription fee. All fees are stated in U.S. dollars unless otherwise specified.
A. Payment by Credit Card.
When you provide credit card information to Investservis JSC, you represent to Investservis JSC that you are the authorized user of the credit card and that you authorize Investservis JSC to charge your credit card for any Merchandise or Subscription, Investservis JSC Wallet funds, or other fees incurred by you. For recurring monthly Subscriptions, each month that you use such Subscription(s), you agree and reaffirm that Investservis JSC is authorized to charge your credit card (or your Investservis JSC Wallet, if funded) for the Subscription fee. You agree to notify Investservis JSC promptly of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to notify Investservis JSC promptly if your credit card expires or is canceled for any reason.
B. Charges to Your Credit Card.
ALL Investservis JSC FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. Investservis JSC reserves the right to change our fees or billing methods at any time and Investservis JSC will provide notice of any such change at least thirty (30) days advance. All changes will be posted as amendments to this Agreement or in the Rules of Use (e.g. Investservis JSC release notices) and you are responsible for reviewing the billing section of Investservis JSC to obtain timely notice of such changes. Your non-cancellation of your Account or an affected Subscription thirty (30) days after posting of the changes on Investservis JSC means that you accept such changes. If any change is unacceptable to you, you may cancel your Account or a particular Subscription at any time as described below, but Investservis JSC will not refund any fees that may have accrued to your Account before cancellation of your Account or Subscription, and Investservis JSC will not prorate fees for any cancellation. If your use of Investservis JSC is subject to any type of use or sales tax, then Investservis JSC may also charge you for any such taxes, in addition to the Subscription or other fees published in the Rules of Use. The European Union VAT ( вЂњVAT вЂќ) tax amounts collected by Investservis JSC reflect VAT due on the value of any Software or Subscription as well as import VAT collected which is to be paid to the tax authorities for the importation of Merchandise.
As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends. Information on how to cancel your Account or a particular Subscription can be found at https://nottotrack.com/
. Investservis JSC reserves the right to collect fees, surcharges or costs incurred before you cancel your Account or a particular Subscription. In the event that your Account or a particular subscription is terminated or canceled, no refund, including any Subscription fees, will be granted. Any delinquent or unpaid Accounts must be settled before Investservis JSC will allow you to register again.
C. Investservis JSC Wallet.
ALL Investservis JSC FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. Investservis JSC may make available an account balance associated with your Account (the вЂњ Investservis JSCWalletвЂќ). You may place funds in your Investservis JSC Wallet up to a maximum amount determined by Investservis JSC, by credit card, prepaid card, promotional code, or any other payment method accepted by Investservis JSC You may use Investservis JSC Wallet funds to purchase Subscriptions or make transactions within Subscriptions, where Investservis JSC Wallet transactions are enabled. Funds added to the Investservis JSC Wallet are non-refundable and non-transferable. Investservis JSC Wallet funds have no value outside Investservis JSC and can only be used to purchase Subscriptions and related content via Investservis JSC (including but not limited to games offered on the Investservis JSC Store). To the maximum extent permitted by applicable law, Investservis JSC Wallet funds that are deemed abandoned or unused by law will not be returned or restored.
When your account uses your Investservis JSC Wallet to fund a purchase, you authorize Investservis JSC to deduct the amount of the purchase from your Investservis JSC Wallet. If you do not have sufficient funds in your Investservis JSC Wallet to make a purchase and you have previously entered your credit card information, we may automatically charge your credit card a minimum amount determined by Investservis JSC to make the purchase, even if such minimum amount exceeds the cost of your purchase. Any difference between the minimum charge and the cost of the purchase will be credited to your Investservis JSC Wallet.
D. Retail Purchase.
Investservis JSCmay offer or require a Subscription for purchasers of retail packaged product versions or OEM versions of Investservis JSC products. The "CD-Key" or "Product Key" accompanying such versions is used to activate your Subscription.
E. Investservis JSC Authorized Resellers.
You may purchase a Subscription through an authorized reseller of Investservis JSC The "Product Key" accompanying such purchase will be used to activate your Subscription. If you purchase a Subscription from an authorized reseller of Investservis JSC, you agree to direct all questions regarding the Product Key to that reseller.
F. Free Subscriptions.
In some cases, Investservis JSC may offer a free Subscription to certain services, software and content. As with all Subscriptions, you are always responsible for any Internet service provider, telephone, and other connection fees that you may incur when using Investservis JSC, even when Investservis JSC offers a free Subscription.
G. Third Party Sites.
Investservis JSCmay provide links to other third party sites. Some of these sites may charge separate fees, which are not included in and are in addition to any Subscription or other fees that you may pay to Investservis JSC Investservis JSC may generate traffic for testing third party sites without the explicit consent of the user. Investservis JSCmay open third party sites with advertising but not more then two times a day. Investservis JSC may generate traffic for testing third party sites without the explicit consent of the user. Investservis JSCmay open third party sites with advertising but not more then two times a day. Investservis JSC may also provide access to third-party vendors, who provide content, goods and/or services on Investservis JSC or the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. Investservis JSC makes no representations or warranties, either express or implied, regarding any such third party site.
H. Pricing and Payment for Merchandise.
In addition to the above, the following terms apply to pricing of and payment for Merchandise. The prices for Merchandise displayed on Investservis JSC are subject to change at any time without notice. Charges for shipping, handling and tax may not be included in displayed prices for Merchandise but will be displayed during the purchase process, although such displayed prices may not include all taxes, duties, and other fees that you may be obligated to pay to applicable government authorities. Shipping and handling charges displayed on Investservis JSC may or may not reflect the actual charges paid by Investservis JSC All war-risk, marine, or other insurance; harbor charges; tolls; wharfage; demurrage; wharf handling; duties, or warehousing charges are excluded from Merchandise prices displayed on Investservis JSC and are your responsibility. You may be obligated under applicable local law to pay additional import duties and fees.
You must pay all applicable sales and use taxes, value added taxes and other taxes levied on you by any taxing authority on any Merchandise purchase in any country where such transactions are otherwise subject to tax, regardless of the method of delivery. Any taxes owed by you (i) as a result of purchasing Merchandise or the payment of any fee, (ii) that are required or permitted to be collected from you by Investservis JSC under applicable law, and (iii) that are based upon the amounts payable under this Agreement, must be remitted by you to Investservis JSC Failure on Investservis JSC’s part to invoice you for any such taxes does not relieve you of the liability to pay such taxes. You will promptly reimburse Investservis JSC for all taxes or other charges imposed upon Investservis JSC by any national, state or municipal government upon the sale, use, production, or transportation of Merchandise.
5. ONLINE CONDUCT, CHEATING AND ILLEGAL BEHAVIOR
You agree that you will be personally responsible for the use of your Account and for all of the communication and activity on Investservis JSC that results from use of your Account. Your online conduct and interaction with other subscribers should be guided by common sense and basic etiquette. Specific requirements may also be found in the Investservis JSC Online Conduct rules at https://nottotrack.com/
Investservis JSCand the Software may include functionality designed to identify software or hardware processes or functionality that may give a player an unfair competitive advantage when playing multiplayer versions of any Software, other Investservis JSC products, or modifications thereof ("Cheats"). You agree that you will not create or assist third parties in any way to create Cheats. You agree that you will not directly or indirectly disable, circumvent, or otherwise interfere with the operation of software designed to prevent or report the use of Cheats. You acknowledge and agree that either Investservis JSC or any online multiplayer host may refuse to allow you to participate in certain online multiplayer games if you use Cheats in connection with Investservis JSC or the Software. Further, you acknowledge and agree that an online multiplayer host may report your use of Cheats to Investservis JSC, and Investservis JSC may communicate your history of use of Cheats to other online multiplayer hosts for Investservis JSC products. Investservis JSC may terminate your Account or a particular Subscription for any conduct or activity that Investservis JSC believes is illegal, constitutes a Cheat, or which otherwise negatively affects the enjoyment of Investservis JSC by other Subscribers. You acknowledge that Investservis JSC is not required to provide you notice before terminating your Subscriptions(s) and/or Account, but it may choose to do so.
6. THIRD PARTY CONTENT
In regard to all Subscriptions, Software, and related content that are not authored by Investservis JSC, Investservis JSC acts merely as an intermediary service provider. Investservis JSC does not screen such third party content available on Investservis JSC or through other sources. Investservis JSC does not assume any responsibility or liability for such third party content.
7. USER GENERATED INFORMATION
8. DEDICATED SERVER
Your Subscription(s) may contain access to the Investservis JSC Dedicated Server software. You may use the Investservis JSC Dedicated Server software on an unlimited number of computers for the purpose of hosting online multiplayer games of Investservis JSC products. If you wish to operate the Investservis JSC Dedicated Server software, you will be solely responsible for procuring any Internet access, bandwidth, or hardware for such activities and will bear all costs associated therewith.
9. DISCLAIMERS; LIMITATION OF LIABILITY; NO GUARANTEES
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF INVESTSERVIS JSC, THE SOFTWARE, AND MERCHANDISE REMAINS WITH YOU, THE USER. Investservis JSC EXPRESSLY DISCLAIMS (I) ANY WARRANTY FOR INVESTSERVIS JSC, THE SOFTWARE, AND THE MERCHANDISE, AND (II) ANY COMMON LAW DUTIES WITH REGARD TO INVESTSERVIS JSC, THE SOFTWARE, AND THE MERCHANDISE, INCLUDING DUTIES OF LACK OF NEGLIGENCE AND LACK OF WORKMANLIKE EFFORT. INVESTSERVIS JSC, THE SOFTWARE, THE MERCHANDISE, AND ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, "WITH ALL FAULTS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATE STATUTE IS EXPRESSLY DISCLAIMED. ALSO, THERE IS NO WARRANTY OF TITLE, INTERFERENCE WITH YOUR ENJOYMENT, OR AUTHORITY IN CONNECTION WITH INVESTSERVIS JSC, THE SOFTWARE, MERCHANDISE OR INFORMATION AVAILABLE IN CONNECTION THEREWITH. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
B. LIMITATION OF LIABILITY.
NEITHER INVESTSERVIS JSC, ITS LICENSORS, NOR THEIR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OR INABILITY TO USE INVESTSERVIS JSC, YOUR ACCOUNT, YOUR SUBSCRIPTIONS AND THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL Investservis JSC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH INVESTSERVIS JSC, THE SOFTWARE, MERCHANDISE THAT YOU ACQUIRE VIA INVESTSERVIS JSC, ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH, OR THE DELAY OR INABILITY TO USE MERCHANDISE OR ANY INFORMATION, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF INVESTSERVIS JSC’S WARRANTY AND EVEN IF Investservis JSC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS.
IF YOU ARE A RESIDENT OF A EUROPEAN UNION COUNTRY, THE ABOVE PARAGRAPH MAY NOT APPLY TO YOU.
C. NO GUARANTEES.
INVESTSERVIS JSCDOES NOT GUARANTEE CONTINUOUS, ERROR-FREE, VIRUS-FREE OR SECURE OPERATION AND ACCESS TO INVESTSERVIS JSC, THE SOFTWARE, YOUR ACCOUNT AND/OR YOUR SUBSCRIPTIONS(S).
10. EXCLUSIVE REMEDIES
A. EXCLUSIVE REMEDY -- Investservis JSC AND THE SOFTWARE.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH Investservis JSC WITH REGARD TO Investservis JSC OR THE SOFTWARE IS TO DISCONTINUE USE OF Investservis JSC AND CANCEL YOUR ACCOUNT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, INVESTSERVIS JSC, ITS LICENSORS, AND THEIR AFFILIATES LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
B. EXCLUSIVE REMEDY--MERCHANDISE.
YOU ACKNOWLEDGE AND AGREE THAT WITH REGARD TO ANY MERCHANDISE YOU PURCHASE VIA Investservis JSC AS YOUR EXCLUSIVE REMEDY, IN ADDITION TO THE REMEDIES EXPRESSLY SET FORTH IN SECTION 3(C), Investservis JSC MAY INCLUDE IN ITS OPTION THE RIGHT TO PAY TO YOU THE AMOUNT OF DIRECT DAMAGES ACTUALLY INCURRED BY YOU IN REASONABLE RELIANCE ON SUCH MERCHANDISE, AS LONG AS THAT AMOUNT DOES NOT EXCEED THE AMOUNT YOU PAID Investservis JSC FOR THE MERCHANDISE GIVING RISE TO THOSE DAMAGES.
THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify and hold harmless Investservis JSC, its licensors and their affiliates from all liabilities, claims and expenses, including attorneys' fees, that arise from or in connection with breach of this Agreement, use of Investservis JSC or any Subscription or any related content, or any User Generated Information, including, but not limited to, the creation, distribution, promotion and use of any Mods, by you or any person(s) using your Account. Investservis JSC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Investservis JSC in that matter. This Section regarding Indemnification shall survive termination of this Agreement.
12. AMENDMENTS TO THIS AGREEMENT
Investservis JSCmay amend this Agreement at any time in its sole discretion. As a Subscriber, you agree that Investservis JSC may amend the terms of this Agreement. If Investservis JSC amends the Agreement, such amendment shall be effective thirty (30) days after your receiving notice of the amended Agreement, either via e-mail or as a notification within the Software. You can view the Agreement at any time at https://nottotrack.com/
. Your failure to cancel your Account thirty (30) days after receiving notification of an amended Agreement will mean that you accept all such amendments. If you don't agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your Account or a particular Subscription.
13. TERM AND TERMINATION
Either you or Investservis JSC has the right to terminate or cancel your Account or a particular Subscription at any time. You understand and agree that the cancellation of your Account or a particular Subscription is your sole right and remedy with respect to any dispute with Investservis JSC
The term of this Agreement (the "Term") will be effective as of the date that you click "I Agree" below, and will continue in effect until otherwise terminated in accordance with this Agreement.
B. Termination by You.
Information on how to cancel your Account or a particular Subscription can be found at https://nottotrack.com/
. Investservis JSC reserves the right to collect fees, surcharges or costs incurred prior to the cancellation of your Account or a particular Subscription. In addition, you are responsible for any charges incurred to third-party vendors or content providers before your cancellation. In the event that your Account or a particular subscription is terminated or canceled by you, no refund, including any Subscription fees, will be granted. In the event that your Account or a particular Subscription is terminated or cancelled by Investservis JSC for a violation of this Agreement or improper or illegal activity, no refund, including any Subscription fees, will be granted.
C. Termination by Investservis JSC
1. In the case of a recurring payment Subscription (e.g., a monthly subscription), in the event that Investservis JSC terminates or cancels your Account or a particular Subscription for convenience, Investservis JSC may, but is not obligated to, provide a prorated refund of any prepaid Subscription fees paid to Investservis JSC
2. In the case of a one-time purchase of a product license (e.g., purchase of a single game) from Investservis JSC, Investservis JSC may choose to terminate or cancel your Subscription in its entirety or may terminate or cancel only a portion of the Subscription (e.g., access to the software via Investservis JSC) and Investservis JSC may, but is not obligated to, provide access (for a limited period of time) to the download of a stand-alone version of the software and content associated with such one-time purchase.
3. In the case of a free Subscription, Investservis JSC may choose to terminate or amend the terms of the Subscription as provided in the "Amendments to this Agreement" section above.
D. Survival of Terms.
Sections 2(D), 2(E), 7, 9, 10, 11, 13(D), 14, and 15 will survive any expiration or termination of this Agreement. Unused funds in your Investservis JSC Wallet are not refundable upon expiration or termination.
14. APPLICABLE LAW/JURISDICTION
The terms of this section may not apply to European Union consumers.
You agree that this Agreement shall be deemed to have been made and executed in the State of Washington, and any dispute arising hereunder shall be resolved in accordance with the law of Washington. You agree that any claim asserted in any legal proceeding by you against Investservis JSC shall be commenced and maintained exclusively in any state or federal court located in King County, Washington, having subject matter jurisdiction with respect to the dispute between the parties and you hereby consent to the exclusive jurisdiction of such courts. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys' fees and expenses.
In the event that any provision of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this Agreement shall remain in full force and effect. This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement.
Investservis JSC’s obligations are subject to existing laws and legal process and Investservis JSC may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term.
You agree to comply with all applicable import/export laws and regulations of the United States and its governmental and regulatory agencies (including, without limitation, the Bureau of Export Administration and the U.S. Department of Commerce). You agree not to export the Software or allow use of your Account by individuals of any terrorist supporting countries to which encryption exports are at the time of exportation restricted by the Bureau of Export Administration. You represent and warrant that you are not located in, under the control of, or a national or resident of any such prohibited country.