This Agreement is a legal agreement between you, the customer, and SJE-Rhombus, (referred to herein as “SJE-Rhombus”) with its principal place of business at 22650 County Highway 6, Detroit Lakes, Minnesota 56501, regarding the license, access, and use of SJE-Rhombus’s WiFi Tank Alarm software platform, offered as a software as a service (SaaS) solution, including (hereinafter individually and collectively the "WiFi Tank Alarm Service"): any software embedded on any WiFi enabled tank alarm device manufactured, sold, or otherwise provided by SJE-Rhombus, any notification services for monitoring the tank alarm device; any support services offered by SJE-Rhombus related to any WiFi tank alarm notification system and services; and any webpage for setting up, modifying, or accessing the WiFi tank alarm notification system and services. SJE-Rhombus may provide the WiFi Tank Alarm Service under the brand names of other entities, through resellers, contractors, installers, retailers, or other distribution channels (collectively the "SJE-Rhombus Related Entities") which shall not alter the fact that this Agreement governs the WiFi Tank Alarm Service. In this Agreement, "you,” "your," and “yourself” refer collectively to you, the customer, corporation, partnership, company or other business entity, and your employees and agents, and "we", "us" and "our" refer collectively to SJE-Rhombus.

IMPORTANT:
PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY. YOU WILL HAVE ACCEPTED THIS END USER LICENSE AGREEMENT IF YOU: 1) OPEN THE PRODUCT PACKAGING FOR ANY SJE-RHOMBUS WIFI ENABLED TANK ALARM DEVICE AND SETUP, INSTALL, OR OTHERWISE USE THAT DEVICE; 2) SETUP, ACCESS, OR USE THE WIFI TANK ALARM SERVICES INCLUDING WITHOUT LIMITATION THOSE PRESENTED AT THE SETUP WEBPAGE AT HTTP://SETUP.TANKALARM.COM/; OR 3) CLICK THE "I ACCEPT" OR SIMILAR BUTTON ASSOCIATED WITH THIS END USER LICENSE AGREEMENT LINKED OR OTHERWISE PRESENTED ON THE ONLINE SETUP WEBPAGE FOR THE WIFI TANK ALARM SERVICE (“AGREEMENT”).

SJE-RHOMBUS IS WILLING TO ALLOW YOUR LICENSE TO THE WIFI TANK ALARM SERVICE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. BY ACCEPTING THIS AGREEMENT YOU ARE BINDING YOURSELF TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN SJE-RHOMBUS IS UNWILLING TO ALLOW THE LICENSE TO THE WIFI TANK ALARM SERVICE AND YOU MUST NOT ACCESS, SETUP, ACTIVATE, OR USE ANY PART OF THE WIFI TANK ALARM SERVICE.

IF YOU ARE NOT THE PROPERTY OWNER WHERE THE WIFI ENABLED TANK ALARM DEVICE IS INSTALLED, YOU ARE NOT AUTHORIZED TO ACCESS THE SETUP WEBPAGE FOR THE WIFI TANK ALARM SERVICE OR USE THOSE SERVICES AND YOU MAY NOT ENTER INTO THIS AGREEMENT EXCEPT THAT YOU AGREE TO THE TERMS SET FORTH IN THIS PARAGRAPH, ALL LIMITATIONS OF LIABILITY, AND WARRANTY DISCLAIMERS SET FORTH IN THIS AGREEMENT. INSTALLERS AND OTHER SERVICE PROVIDERS MAY ONLY ACCESS THE SETUP WEBPAGE FOR THE WIFI TANK ALARM SERVICE TO AID THE PROPERTY OWNER IN SUCH SETUP, AND THEN ONLY IF THAT PROPERTY OWNER ACCEPTS THE TERMS AND CONDITIONS OF THIS AGREEMENT. INSTALLERS AND OTHER SERVICE PROVIDERS MUST ENSURE THAT THE PROPERTY OWNER ACCEPTS THE TERMS AND CONDITIONS OF THIS AGREEMENT. ANY PERSON OR ENTITY IN VIOLATION OF THIS PARAGRAPH AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE INDEMNIFIED PARTIES FOR ANY CLAIMS AND FOR ANY ACT OR OMISSION TAKEN IN VIOLATION OF THIS PARAGRAPH PURSUANT TO THE TERMS OF SECTION 11, WHICH ARE INCORPORATED HEREIN BY REFERENCE.

SJE-Rhombus may make changes to this Agreement at its sole discretion. Changes will be communicated to you by us posting the new version of the Agreement on its website at http://setup.tankalarm.com/ or as otherwise determined by SJE-Rhombus in its sole discretion and your acceptance of and/or continued access or use of any WiFi Tank Alarm Service after such notification of changes to this Agreement will constitute your acceptance of such changes. COPIES OF THIS AGREEMENT INCLUDED IN PACKAGING MAY BE OUTDATED IN COMPARISON TO UPDATED VERSIONS OF THIS AGREEMENT. IN ALL CASES THE CURRENT VERSION OF THIS AGREEMENT AS PRESENTED AT THE ABOVE URL WILL BE THE TERMS AND CONDITIONS BINDING UPON YOU.

1. DEFINITIONS.

Throughout this Agreement and in addition to terms defined throughout this Agreement, the following descriptions and definitions shall apply.

a. “Content” shall mean all text, graphics, audio, video, photographs, charts, data, and other information displayed or otherwise accessible or viewable by you by accessing or using the WiFi Tank Alarm Service, in particular and without limitation, by accessing the webpage for setting up the WiFi Tank Alarm Service.

b. "Documentation" as used in this Agreement means written information (whether contained in user or technical manuals, instructions, training materials, or specifications) specifically pertaining to the WiFi Tank Alarm Service and made available by SJE-Rhombus with the WiFi Tank Alarm Service.

c. “Intellectual Property” shall mean all intellectual property and industrial property rights and assets, however arising, pursuant to the laws of any jurisdiction throughout the world, whether registered or unregistered, including without limitation any and all: (a) trademarks, service marks, trade names, brand names, logos, trade dress, design rights and other similar designations of source, sponsorship, association or origin, together with the goodwill connected with the use of and symbolized by, and all registrations, applications and renewals for, any of the foregoing; (b) works of authorship, expressions, designs and design registrations, whether or not copyrightable, including copyrights, author, performer, moral and neighboring rights, and all registrations, applications for registration and renewals of such copyrights; (c) inventions, discoveries, trade secrets, business and technical information and know-how, databases, data collections and other confidential information and all rights therein; (d) patents (including all reissues, divisionals, provisionals, continuations and continuations-in-part, re-examinations, renewals, substitutions and extensions thereof), patent applications, and other patent rights and any other governmental authority-issued indicia of invention ownership (including inventor’s certificates, petty patents and patent utility models); and (e) software and firmware, including data files, source code, object code, scripts, mark-up language, application programming interfaces, architecture, files, records, schematics, computerized databases and other related specifications and documentation.

d. "Modifications" refers to additional or modified functionality, updates, enhancements, security updates and patches, and upgrades to the WiFi Tank Alarm Service or to remove or terminate the functionality of the WiFi Tank Alarm Service.

2. GRANT OF LICENSE.

a. Subject to the terms and conditions of this Agreement, SJE-Rhombus grants to you a nonexclusive, non-sublicensable, and nontransferable (except as set forth herein) license to access and use during the term of this Agreement the WiFi Tank Alarm Service, along with its related Documentation, including accessing the WiFi Tank Alarm Service and viewing the Content located at SJE-Rhombus’s WiFi Tank Alarm Service setup webpage.

b. TITLE AND LIMITATIONS. This is a subscription license to access and use the WiFi Tank Alarm Service during the term of this Agreement, not a transfer of title to all or any part of the WiFi Tank Alarm Service. SJE-Rhombus and its licensors retain ownership of all copies of, and all Intellectual Property rights in and to the WiFi Tank Alarm Service, including without limitation all software and Content, and all related Documentation. You are granted no implied licenses to any other Intellectual Property rights other than as specifically granted herein. You acknowledge that the WiFi Tank Alarm Service contains trade secrets of SJE-Rhombus, its suppliers, or licensors, including but not limited to, the specific internal design and structure of individual programs and associated interface information. Accordingly, except as otherwise expressly provided under this Agreement, you shall have no right, and you specifically agree not to: (i) transfer, assign or sublicense your subscription license to another person or entity and you acknowledge that any attempted transfer, assignment, sublicense or use shall be void; (ii) make error corrections to, or otherwise modify or adapt, the WiFi Tank Alarm Service or to create derivative works based upon the WiFi Tank Alarm Service, or permit third parties to do the same; (iii) reverse engineer or decompile, decrypt, translate, disassemble or otherwise reduce the WiFi Tank Alarm Service to human-readable form, except to the extent otherwise expressly permitted under applicable law notwithstanding this restriction; (iv) use or permit the WiFi Tank Alarm Service to be used for commercial use or to perform services for third parties, whether on a service bureau or time sharing basis or otherwise, without the express written authorization of SJE-Rhombus; (v) disclose, provide, or otherwise make available trade secrets contained within the WiFi Tank Alarm Service in any form, to any third party without the prior written consent of SJE-Rhombus; (vi) use the WiFi Tank Alarm Service to develop any software application or similar products and services or develop methods to enable unauthorized parties to use, recreate or infringe upon the Intellectual Property rights in and to the WiFi Tank Alarm Service; and (vii) contest or challenge the ownership or validity of, or adopt, apply for, register or otherwise seek to legally protect any of SJE-Rhombus’s Intellectual Property related to the WiFi Tank Alarm Service, or aid or abet others in doing so, either during the Term of this Agreement or afterword. You acknowledge and agree that SJE-Rhombus reserves the right to remotely prevent access to and/or use of the WiFi Tank Alarm Service in its sole discretion and without prior notice to you.

c) FEEDBACK. You may provide feedback to SJE-Rhombus with respect to the WiFi Tank Alarm Service. SJE-Rhombus may use such feedback for any purpose without obligation to you of any kind. To the extent a license is required to make use of such feedback, you hereby grant to SJE-Rhombus an irrevocable, non-exclusive, perpetual, royalty-free, transferrable license, with right to sublicense, to use such feedback in connection with SJE-Rhombus’s business, including enhancement of the WiFi Tank Alarm Service.

3. ACCESS TO WIFI TANK ALARM SERVICE. In order to use WiFi Tank Alarm Service, you must purchase a WiFi enabled tank alarm device, provide your own internet service and WiFi network, provide your own e-mail or other method of notification of an alarm as inputted by you during setup of the WiFi enabled tank alarm including all necessary telecommunication services; and otherwise provide all devices, services, equipment and software necessary to use the WiFi Tank Alarm Service that are not a part of the WiFi Tank Alarm Service. You are responsible for ensuring that your devices, services, equipment and/or software do not disturb or interfere with SJE-Rhombus’s operations or the operations of other users of the WiFi Tank Alarm Service. If any modification to WiFi Tank Alarm Service requires changes in your devices, services, equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance WiFi Tank Alarm Service, including the release of new products and services and all Modifications, shall be subject to the terms and conditions of this Agreement.

You must install the WiFi enabled tank alarm device according to its instructions as included with the tank alarm device for it to function properly. The placement of the WiFi tank alarm device, weather conditions, presence and configuration of buildings, your WiFi signal strength and router settings, and other factors may impact whether the WiFi enabled tank alarm device can connect to your network and whether notices can and are sent to you. THE SJE-RHOMBUS RELATED ENTITIES HAVE NO LIABILITY FOR ANY FAILURE TO PROVIDE ANY NOTIFICATION SERVICES FOR ANY REASON.

4. SETUP DETAILS AND CREDENTIALS. You must enter your own e-mail address when asked on the setup webpage so that you can receive a verification e-mail containing a credentialing code you must enter into the setup webpage to continue your setup of the WiFi Tank Alarm Service. You agree to keep all WiFi Tank Alarm Service setup and credential details private and to not share them with anyone else in order to prevent unauthorized access to your notification settings, and/or the Content. The SJE-Rhombus Related Entities are not liable for any loss or damage arising from any access to, sharing or use of your notification settings password or the Content. You must also enter your own e-mail addresses and/or telephone numbers as contacts for notification of alarms through the WiFi Tank Alarm Service. All notification information you enter must be accurate. It is solely your responsibility to ensure that the e-mail and telephone number(s) you enter are capable of receiving notices through the WiFi Tank Alarm Service. The SJE-RHOMBUS RELATED ENTITIES EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY LOSS OR THEFT OF INFORMATION YOU ENTER AS A PART OF THE SETUP, INCLUDING WITHOUT LIMITATION ANY PERSON OR ENTITY ACCESSING, HIJACKING, OR OTHERWISE USING YOUR E-MAIL OR TELEPHONE NUMBER.

5. SJE-RHOMBUS DOES NOT MONITOR. The SJE-Rhombus Related Entities have no responsibility for monitoring or otherwise taking action regarding any notices or alarms related to the WiFi Tank Alarm Service. You acknowledge that all such monitoring and other actions related any alarm notification are solely your responsibility. You understand that the WiFi Tank Alarm Service is not intended to be used as a primary life, safety, burglary, fire protection, or other critical event monitor or notice system.

6. MODIFICATIONS. For continuity of performance, you agree that SJE-Rhombus may, at any time in the sole discretion of SJE-Rhombus, access the software on your WiFi enabled tank alarm device, and/or cause the software to contact SJE-Rhombus, in order to provide Modifications. SJE-Rhombus does not warrant that Modifications to the WiFi Tank Alarm Service will be compatible with your devices, equipment, or software.

7. TERMINATION. This Agreement shall be effective as of your acceptance of this Agreement as stated in this Agreement and shall continue in effect until terminated. SJE-Rhombus may, at its election and in its sole discretion, terminate this Agreement and your subscription, access, or use of all or any portion of the WiFi Tank Alarm Service at will and with or without cause. SJE-Rhombus is further entitled to obtain injunctive relief if your use of the WiFi Tank Alarm Service is in violation of any restrictions set forth in this Agreement, including without limitation any license restrictions. This Agreement shall automatically terminate if you cease having title to an SJE-Rhombus WiFi enabled tank alarm device for which this Agreement applies. Upon termination, you must cease using and accessing the WiFi Tank Alarm Service. The preamble prior to the Sections and Sections 1, 2(b) and (c), 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 shall survive termination.

8. NO WARRANTY. THE WIFI TANK ALARM SERVICE FURNISHED BY SJE-RHOMBUS AND THE SJE-RHOMBUS RELATED ENTITIES AND ACCEPTED BY YOU IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY WHATSOEVER. ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED BY SJE-RHOMBUS AND THE SJE-RHOMBUS RELATED ENTITIES. SJE-RHOMBUS AND THE SJE-RHOMBUS RELATED ENTITIES DO NOT WARRANT THAT THE WIFI TANK ALARM SERVICE OR ASSOCIATED DOCUMENTATION WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE WIFI TANK ALARM SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF WIFI TANK ALARM SERVICE IS WITH YOU. SOME STATES MAY NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR TO SELL A CONSUMER PRODUCT “AS-IS,” SO THIS EXCLUSION MAY NOT APPLY TO YOU.

9. LIMITATION OF SJE-RHOMBUS LIABILITY. IN NO EVENT WILL SJE-RHOMBUS OR THE SJE-RHOMBUS RELATED ENTITIES BE LIABLE TO YOU FOR ANY DIRECT OR INDIRECT DAMAGES OF ANY TYPE, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST SAVINGS, LOST DATA, PROPERTY DAMAGE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, LOST REVENUE, BUSINESS INTERRUPTION, LOSS OF CAPITAL OR OTHER SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY WIFI TANK ALARM SERVICE FURNISHED OR TO BE FURNISHED BY SJE-RHOMBUS UNDER THIS AGREEMENT OR THE USE THEREOF, EVEN IF SJE-RHOMBUS OR THE SJE-RHOMBUS RELATED ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE AGGREGATE LIABILITY OF SJE-RHOMBUS AND THE SJE-RHOMBUS RELATED ENTITIES UPON ANY AND ALL CLAIMS HOWSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY WIFI TANK ALARM SERVICE FURNISHED OR TO BE FURNISHED BY SJE-RHOMBUS OR THE SJE-RHOMBUS RELATED ENTITIES UNDER THIS AGREEMENT WILL IN ANY EVENT BE ABSOLUTELY LIMITED TO THE GREATER OF THE PURCHASE PRICE FOR THE WIFI ENABLED TANK ALARM DEVICE THAT IS THE SUBJECT OF ANY LIABILITY CLAIM OR THE MINIMUM AMOUNT ALLOWED BY LAW. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

10. THIRD PARTY LIABILITY EXCLUSION. You acknowledge that the notification services utilize cloud messaging (email/sms) technology procured by SJE-Rhombus pursuant to agreements with providers of such services. Those agreements have certain terms, conditions and limitations regarding the provision of such services. YOU FURTHER ACKNOWLEDGE THAT THE CLOUD MESSAGING TECHNOLOGY PROVIDER, SJE-RHOMBUS AND THE SJE-RHOMBUS RELATED ENTITIES DISCLAIM ALL LIABILITY OF ANY NATURE TO YOU, WHETHER DIRECT OR INDIRECT DAMAGES OF ANY TYPE, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST SAVINGS, LOST DATA, PROPERTY DAMAGE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, LOST REVENUE, BUSINESS INTERRUPTION, LOSS OF CAPITAL OR OTHER SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE CLOUD MESSAGING TECHNOLOGY AND OTHER TELECOMMUNICATIONS SERVICES, AND THE END USER AGREES THAT IT SHALL HAVE NO CLAIMS, OF ANY KIND, AGAINST THE CLOUD MESSAGING TECHNOLOGY PROVIDER, OTHER ISP, SJE-RHOMBUS, OR THE SJE-RHOMBUS RELATED ENTITIES WITH RESPECT THERETO.

11. INDEMNITY BY YOU. You will, to the fullest extent permitted by law, indemnify SJE-Rhombus, the SJE-Rhombus Related Entities, any internet service provider or cloud messaging provider providing messaging services related to the WiFi Tank Alarm Service, and their officers, directors, shareholders, employees and agents and their respective successors and assigns (collectively, the “Indemnified Parties”) against and hold the Indemnified Parties harmless from any and all claims, losses, liabilities, damages, judgments, awards, settlements, costs and expenses, including reasonable attorneys' fees (collectively a "Claim") in connection with investigating, defending, or settling any claim relating to or arising out of any breach by you of this Agreement, your implementation or use of the WiFi Tank Alarm Service in a way that infringes or misappropriates any third party’s Intellectual Property rights or violates applicable law, or any acts or omissions on the part of you which gives rise to claims against the Indemnified Parties.

12. YOUR OBLIGATIONS. You represent and warrant that (a) you are the owner or an authorized user of the property and associated equipment on which any WiFi enabled tank alarm device is installed and that you have all the requisite power and authority to enter into this Agreement; (b) you shall use the WiFi Tank Alarm Service only for lawful purposes, and will comply at all times with all applicable federal, state, and local laws and regulations applicable to the use of the same; and (c) you shall use the WiFi Tank Alarm Service only for your personal needs, and for no other commercial or third party use. You agree not to use any automated or manual process to interfere with, modify, or attempt to interfere with or modify the WiFi Tank Alarm Service.

13. GENERAL PROVISIONS.

a. ENFORCEMENT/CHOICE OF LAW/CHOICE OF FORUM. All disputes regarding or relating to this Agreement shall be litigated solely in the state courts located in Becker County Minnesota or the federal courts located in Minnesota. You hereby irrevocably consent to non-exclusive jurisdiction and venue of these courts. You further acknowledge that SJE-Rhombus’s rights in its Intellectual Property are of a special, unique, extraordinary character, giving those rights peculiar value, the unauthorized use, disclosure, or loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages and that SJE-Rhombus may seek injunctive relief against you for any violation of its Intellectual Property. Every provision of this Agreement will be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision will be modified by that court of competent jurisdiction to be valid and enforceable while maintaining as close as possible the intent of the parties as indicated by the wording of this Agreement or, if the provision cannot be so modified, deemed severed from this Agreement, and all other provisions will remain in full force and effect. The laws of the State of Minnesota, excluding its conflicts of law rules, govern this Agreement and your use of the WiFi Tank Alarm Service. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement, nor does any enactment of the Uniform Computer Information Transactions Act.

b. ENTIRE AGREEMENT/NO WAIVER. This Agreement together with the information referred to or linked to by this Agreement, all of which are incorporated herein, sets forth the entire agreement and understanding between SJE-Rhombus and you regarding the subject matter hereof and supersedes any prior representations, advertisements, statements, proposals, negotiations, discussions, understandings, or agreements regarding the same subject matter. You acknowledge that it has not been induced to enter into this Agreement by any representations or statements, oral or written, not expressly contained in this Agreement. The failure by SJE-Rhombus at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, will not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of this Agreement. The waiver of any default by SJE-Rhombus will not be deemed a continuing waiver, but will apply solely to the instance to which such waiver is directed.

c. CORRECTION OF ERRORS AND INACCURACIES. This Agreement may contain typographical errors or other errors or inaccuracies and may not be correct or current. SJE-Rhombus reserves the right to correct any errors, inaccuracies or omissions and to change or update this Agreement at any time without prior notice. SJE-Rhombus does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

d. HEADINGS. The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

e. NO JOINT VENTURE. This Agreement shall not be construed as creating or constituting any partnership, joint venture or agency relationship between the parties.

f. ASSIGNMENT AND RESALE. SJE-Rhombus may assign its rights and obligations under this Agreement but your rights under this Agreement are not assignable or transferable except as part of a sale or other transfer of title of the WiFi enabled tank alarm device that is associated with the WiFi Tank Alarm Service, and then conditioned on the acceptance by the transferee of the title to the then-current Agreement. Upon your transfer of title of WiFi enabled tank alarm device that is associated with the WiFi Tank Alarm Service, your rights under this Agreement shall terminate as set forth in Section 7. This Agreement will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

g. FORCE MAJEURE. The parties acknowledge and agree that either party shall be excused from any delay or failure in its performance hereunder caused by any disruption or slow speed of the Internet, break-downs of security or introduction of computer viruses (and the like) by third parties, any labor dispute, government requirement, act of God, or any other cause beyond its reasonable control. The parties shall use reasonable commercial efforts to cure any such failure or delay in performance arising from a force majeure condition, and shall timely advise each other of such efforts.