Bots By the Hour is a service owned and operated by Lanshore LLC.
YOU MAY NOT USE THE SERVICES IF YOU ARE A COMPETITOR TO LANSHORE LLC.
YOU MAY NOT USE THE SERVICES IF YOU ARE UNDER THE AGE OF 13.
1.1 “Admin User” means an Authorized User who has access to certain additional features and functionalities of the Lanshore LLC Services to monitor and administer Your Account.
1.2 “Authorized User” means Your employee, contractor, or agent who is authorized to use Lanshore LLC Services and who has access to Lanshore LLC Services via unique usernames and passwords under Your Account.
1.3 “Initial Term” means the period following the Services Start Date as described in the Order.
1.4 “Order” means the Services Order Form signed by the Parties that references these Terms and describes the services to be provided by Lanshore LLC and the fees that will be paid by you.
1.5 “Your Account” means as of the Services Start Date, Your Authorized Users will receive access to a Lanshore LLC Services account.
2.1 This Agreement provides you access to a proprietary online subscription services consisting of an Internet based Robotic Process Automation service which includes the following functionality:
Robotic Process Automation of selected process
2.2 The “Services” means services provided to You by Lanshore LLC as indicated in Your Order, including Lanshore LLC Services and Support.
2.3 We may modify the Services or update the Software used to provide the service from time to time without notice to You. We will use commercially reasonable efforts to notify You in advance if a change is material, other than those changes which enhance or extend any features or functionality of the Services or Software.
3.1 Access. Subject to your compliance with all the terms and conditions of this Agreement, including any payment obligations, Lanshore LLC hereby grants to you, during the term of your subscription, a non-exclusive, non-transferable, right and license to access and use the Services, for internal purposes only, and only in accordance with the applicable user documentation or other Lanshore LLC provided written instructions.
3.2 Restrictions. (a) You will not (and will not allow any third party to): (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Service; (ii) modify, translate, or create derivative works based on the Service; (iii) copy, rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services; (iv) use the Services for timesharing or service bureau purposes or otherwise for the benefit of a third party (excepting Your end users as part of the purpose contemplated in Section 2.1 above); (v) use the Services for competitive research or for scoping, benchmarking, developing or providing any similar or competitive product or services; (vi) remove or otherwise alter any proprietary notices or labels from the Services or any portion thereof, (vii) use the Services to create any other product or service; or (viii) use the Services in violation of any applicable laws or regulations (including any export laws, restrictions, national security controls and regulations). You will use the Services only in compliance with (1) the Order, (2) the rights granted hereunder, and (3) in accordance with all applicable laws and regulations.
(b) You agree not to access the Services by any means other than through the interface that is provided by Lanshore LLC for use in accessing the Services. You will be provided with unique usernames and passwords to access the Services. Each username and password may only be used to access the Services during one concurrent login session. You will ensure that each username and password will be used by one Authorized User. You must provide true, accurate, and correct information at the time of registration and account creation, and thereafter. You will notify Lanshore LLC promptly of any unauthorized use of any password or account or any other known or suspected breach of security or misuse of the Service. You are responsible for use of the Services by any and all employees and other users that you allow access to the Services.
(c) You will not (and will not allow any third party to) use the Services to email or otherwise upload any content that: (i) infringes or misappropriates any intellectual property or other proprietary or privacy rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) is unlawful, harmful, or otherwise objectionable; or (v) in the reasonable judgment of Lanshore LLC, which may expose Lanshore LLC or its users to any material harm or liability of any type.
3.3 Ownership. Except for the rights expressly granted under this Section 3, Lanshore LLC retains all right, title, and interest in and to the Service, the De-Identified Data (as defined below), and all data (but excluding Your Content), software, products, works, and other intellectual property created, used, or provided by Lanshore LLC for the purposes of this Agreement. To the extent you provide Lanshore LLC with any feedback relating to the Services (including, without limitation, feedback related to usability, performance, interactivity, bug reports and test results) (“Feedback”), Lanshore LLC shall own all right, title and interest in and to such Feedback, and you hereby makes all assignments necessary to achieve such ownership.
3.4 Implementation Services. If the parties enter into any statement of work describing configuration, training or other implementation services to be provided by Lanshore LLC (“SOW”), Lanshore LLC will provide such services in accordance with the terms set forth in such SOW. Lanshore LLC will have no obligation to perform any such services that are not specified in a SOW signed by both parties.
You will be required to select a payment plan and provide Lanshore LLC reasonably necessary information regarding your credit card or other payment instruments accepted by Lanshore LLC. You will pay Lanshore LLC the fees for the Services set forth in the Order. You will pay all invoices upon receipt. You agree to pay and hereby authorize Lanshore LLC to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account in accordance with this Agreement. All charges are final, non-cancelable, and nonrefundable, provided that if Lanshore LLC terminates your account on the Services without cause or if you terminate your account on the Services with cause, you will be entitled to a prorated refund of prepaid amounts. The fees paid by you are exclusive of all taxes, levies, or duties imposed by relevant taxing authorities, if any, and you will be responsible for payment of all such taxes, levies, or duties, excluding taxes based on Lanshore LLC’s income. You represent and warrant to Lanshore LLC that such information is, and will be maintained as, true, complete, accurate, and up to date, and that you are authorized to use such payment instrument.
Lanshore LLC will give written notice about nonpayment then suspend account after ten (10) days after written notice. If any amount remains unpaid for ten (10) days following written notice from Lanshore LLC, Lanshore LLC may terminate this Agreement or it may suspend the Services until such time as payment is brought current, without waiving or prejudicing any other rights or remedies available to Lanshore LLC. Suspension of an account shall not result in an extension of the Term.
If Lanshore LLC believes in good faith that your usage of the Services exceeds that set forth on the applicable Order, you agree to allow Lanshore LLC to audit the number of Payees you have in the Services at any time to determine the actual use of any and all Services.
Any content, materials, software, data, or other information that You or Your Authorized Users provide to Lanshore LLC through the Lanshore LLC Services (“Your Content”) is and will remain Your property. You hereby grant Lanshore LLC a worldwide, limited, revocable, non- exclusive right and license to use and reproduce Your Content solely for the purposes of providing the Services to you, and providing Support and carrying out analysis as further described below. For example, we may also have access to and use Your Content when we provide Support or if we provide other assistance or training to You or Your Authorized Users.
In providing the Services, You agree that Lanshore LLC may compile and use information related to you and your use of the Services (including Your Content) that is de-identified and/or aggregated (“De-Identified Data”) and that Lanshore LLC may use De-Identified Data for its lawful business purposes, including analyzing, improving, and enhancing the quality and nature of Services.
If you or your Authorized Users choose to share Your Content, you are solely responsible for that disclosure, and what any third parties do with Your Content. Likewise, you are solely responsible for any actions your Authorized Users take with respect to Your Content, including deleting or corrupting Your Content. You acknowledge that we are not responsible for the disclosure of Your Content by you or your agents (including your Authorized Users), to any third parties.
You are solely responsible for Your Content, including the content, accuracy and integrity of Your Content and for correcting errors and omissions in Your Content. You acknowledge that Lanshore LLC has no obligation to monitor any information on the Lanshore LLC Services and that we are not responsible for the accuracy, completeness, appropriateness, or legality of Your Content or any other information or content you may be able to access using the Services.
During the term of this Agreement, each party (a “Disclosing Party”) may provide the other party (a “Receiving Party”) with confidential and/or proprietary materials and information (“Confidential Information”). All materials and information provided by Disclosing Party to Receiving Party and identified at the time of disclosure as “Confidential” or bearing a similar legend shall be considered Confidential Information; for the avoidance of doubt, the Service, any documentation, terms of this Agreement, Feedback, and any and all information regarding Lanshore LLC’s business, products and services are Confidential Information of Lanshore LLC. Receiving Party shall maintain the confidentiality of the Confidential Information and will not disclose such information to any third party without the prior written consent of Disclosing Party. Receiving Party will only use the Confidential Information internally for the purposes contemplated hereunder. The obligations in this Section 6 shall not apply to any information that: (a) is made generally available to the public without breach of this Agreement; (b) is developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information; (c) is disclosed to Receiving Party by a third party without restriction; or (d) was in the Receiving Party’s lawful possession prior to the disclosure to the Receiving Party and was not obtained by the Receiving Party either directly or indirectly from the Disclosing Party. Receiving Party may disclose Confidential Information as required by law or court order; provided that, Receiving Party provides Disclosing Party with prompt written notice thereof and uses its best efforts to limit disclosure. At any time, upon Disclosing Party’s request, Receiving Party shall return to Disclosing Party all Disclosing Party’s Confidential Information in its possession, including, without limitation, all copies and extracts thereof. Notwithstanding the foregoing the Receiving Party may disclose Confidential Information to any third-party to the limited extent necessary to exercise its rights, or perform its obligations, under this Agreement; provided that, all such third parties are bound in writing by obligations of confidentiality and non-use at least as protective of the Disclosing Party’s Confidential Information as this Agreement. Upon any termination of this Agreement, the Receiving Party shall continue to maintain the confidentiality of the Disclosing Party’s Confidential Information for two (2) years.
For the avoidance of doubt, Lanshore LLC has the right, but not the obligation, to monitor the Services. Lanshore LLC will do so if required by law or in the good faith belief that such action will protect Lanshore LLC, the Services, or other users of the Services.
Lanshore LLC will: (i) maintain commercially reasonable administrative, physical, and technical safeguards designed to protect the security, confidentiality and integrity of Your Content; and (ii) notify you within forty-eight (48) hours upon becoming aware of any unauthorized access to Your Content.
Subject to your payment of fees and the customer service package you’ve elected, Lanshore LLC will provide standard support and maintenance set forth in the Lanshore LLC Support and Service Level Agreeement
The Services enables linking between various online third-party services such as third party Robotic Process Automatoin Software, email, cloud storage, electronic signature, and similar services (“Third-Party Services”). To take advantage of these feature and capabilities, you may be required to authenticate, register for or log into Third-Party Services through the Services or on the websites of their respective providers. By linking your account on the Services to your account on a Third Party Service, you are authorizing Lanshore LLC as your agent to access your Third Party Service account (and any information, content, materials, and features included therein) and use such Third Party Service on your behalf for the purpose of integrating your experience on the Services with such Third Party Service. Your use of the Third Party Services is governed solely by the agreement and policies between you and the provider of such Third Party Service, and the Third Party Services provider is solely responsible for such Third Party Service.
You acknowledge and agree that Lanshore LLC will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such Third-Party Services. Lanshore LLC does not make any warranties or representations regarding security, confidentiality, or performance of any Third-Party Services, and Lanshore LLC disclaims any liability regarding Third-Party Services. To the extent any Third-Party Services processes or gathers personal data or personal information, the applicable third party is your data processor and is not acting as Lanshore LLC’s data sub-processor. The processing of any personal data and/or personal information by the third party provider is governed solely by the policies of the third party provider.
10.1 Customer Warranties. You represent and warrant to Lanshore LLC that (a) you have full power and authority to enter into this Agreement and to observe and perform your obligations contained in this Agreement; (b) you own all Your Content or have obtained all rights required to engage in your posting and other activities (and allow Lanshore LLC to perform its obligations and exercise its rights) in connection with the Services; (c) Your Content and other activities in connection with the Service, and Lanshore LLC’s exercise of all rights and license granted by you herein, does not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right; (d) you are thirteen (13) years of age or older; and (e) you have provided true, accurate, and correct information to Lanshore LLC in connection with your account creation and use of the Service.
10.2 Data Privacy. Each of Lanshore LLC and You represents and warrants to the other party that it will process any “personal data” and/or “personal information” it receives, collects, views, accesses, hosts, in connection with the Services, in compliance with the applicable legislation related to data protection, including but not limited to Regulation (EU) 2016/679 (General Data Protection Regulation or “GDPR”), the California Consumer Privacy Act of 2018 (“CCPA”), and any applicable regulations thereto.
10.3 Lanshore LLC Warranties. Lanshore LLC warrants that: (a) it will perform the Services in conformity in all material respects with the Support and Service Level agreement ; (b) it will provide the Services in a professional manner, consistent with recognized industry standards and good commercial practices; and (c) it has the authority and right to enter into this Agreement and to observe and perform its respective obligations contained in this Agreement. Your exclusive remedy and Lanshore LLC’s entire liability for a breach of the warranties set forth in Sections 10.3 shall be limited to replacement of the non-conforming products and services or re-performance of the services, as applicable. If Lanshore LLC is unable to provide such products or services as warranted within a commercially reasonable time of the receipt of the written notice of the breach, You shall be entitled to terminate the applicable Agreement and/or SOW and receive a pro-rated refund of any prepaid, unused fees for the remainder of the then-current Term after the effective date of termination.
10.4 Disclaimers. THE SERVICE, INCLUDING THE SITE AND LANSHORE LLC’S CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND LANSHORE LLC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER STATUTORY. EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LANSHORE LLC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, OR WILL WORK WITH OR NOT INTERRUPT OR DAMAGE YOUR THIRD PARTY SERVICES OR YOUR CONTENT (INCLUDING ANY CONTENT YOU MAY STORE ON YOUR THIRD PARTY SERVICE), AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM LANSHORE LLC OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
This Agreement will commence on the Effective Date of the initial Order and will continue for the Initial Term, after which, subject to these Terms, it will automatically renew for successive terms of twelve (12) months each (each a “Renewal Term”, and together with the Initial Term, the “Term”) except if the Initial Term is related to a pilot.
Except as otherwise expressly permitted in this Agreement, this Agreement may only be terminated as follows: (a) either Party (“Terminating Party”) may terminate this Agreement at any time, immediately upon written notice to the other, if: (i) the other Party attempts to assign this Agreement or delegate any obligation under the Agreement; (ii) the other Party, in full or in part, acquires ownership in or control of or is acquired by or becomes controlled by, a competitor of Terminating Party; or (iii) any assignment is made of the other Party’s business for the benefit of creditors, or if a petition in bankruptcy is filed by or against the other Party, or if a receiver or similar officer is appointed to take charge of all or part of the other Party’s property, or if the other Party is adjudicated as bankrupt; (b) either Party may terminate this Agreement upon written notice to the other if the other Party is in breach of any material term or condition of this Agreement and the breaching Party fails to cure the breach within thirty (30) days of receipt of notice of that breach; or (c) either Party may terminate the autorenewal of this Agreement upon written notice to the other Party, which notice is given at least thirty (30) days prior to the end of the then-current Initial Term or Renewal Term, as the case may be.
In addition to any other remedies available at law or in equity, Lanshore LLC will have the right, in its sole discretion, to immediately suspend your or any of your users’ access to the Lanshore LLC Services in the event of acts or omissions of you or your Authorized Users or Payees, not in compliance with the terms of this Agreement. We will use commercially reasonable efforts to give you prior e-mail notice of suspension under this Section, and we will resume the Services as soon as possible once the issue necessitating suspension is resolved, unless such issue is found to have been related to a material breach of this Agreement by you. We will not be liable to you for any loss, damage or inconvenience suffered as a result of any suspension, unless such suspension is necessitated due to Lanshore LLC’s breach of its warranty.
Upon termination of this Agreement, Lanshore LLC will cease providing the Services and promptly invoice you for any unpaid amounts owed, and you will pay Lanshore LLC for all Services rendered and expenses incurred prior to the effective date of termination. To the extent such termination is the result of a material, uncured breach by Lanshore LLC, You are entitled to a pro-rata refund, as of the effective date of the termination, of any prepayment made by you for any Services not yet performed. Lanshore LLC will, after sixty (60) days following termination of this Agreement, irretrievably delete Your Content. To the extent termination is not due to your material, uncured breach of this Agreement (including but not limited to non-payment of any invoice), Lanshore LLC will provide you with access to Your Content during the sixty (60) days following termination, solely for the purpose of downloading Your Content to your own data storage systems, if you have given written notice prior to the end of such sixty (60) day period of your request to access Your Content. Excepted from the foregoing is any of Your Content permanently deleted in order to comply with applicable law or to avoid a security breach. You acknowledge that if your access to the Services is suspended or the Agreement is terminated, You will not have access to Your Content stored on the Lanshore LLC Services during any period of suspension, or at any time following sixty (60) days after the effective date of such termination.
12.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL EITHER PARTY BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT, UNDER ANY LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST OR INACCURACY OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR BUSINESS INTERRUPTION, WHETHER OR NOT THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES.
12.2 IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OR RELATING TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE FEES ACTUALLY PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. THE LIMITATIONS ON LIABILITY CONTAINED IN THIS SECTION 12.2 HEREIN SHALL NOT APPLY TO BREACHES OF SECTIONS 3, 6 OR 13.
12.3 Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. TO THE EXTENT THAT THE LAWS OF SUCH JURISDICTIONS APPLY, LANSHORE LLC’s AND YOUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
You will defend, indemnify, and hold harmless Lanshore LLC from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this Agreement, any of Your Content, your access, contribution to, use or misuse of the Services or any erroneous results generated as the result of error by your Authorized Users. Lanshore LLC will provide notice to you of any such claim, suit or demand.
Lanshore LLC will indemnify, defend and hold you harmless from and against all third party claims (and all resulting, to the extent payable to third parties: damages, cost and expenses, including reasonable attorneys’ fees) arising from infringement by the technology used by Lanshore LLC of any third party’s U.S. intellectual property rights; provided that, you provide Lanshore LLC with prompt written notice of all claims and threats thereof, sole control of all defense and settlement activities, and all reasonably requested assistance with respect thereto. Lanshore LLC will not be responsible for any settlement it does not approve in writing. The foregoing indemnity obligations will not apply in the event you have misused the Services or otherwise breached this Agreement. In the event any claims arises pursuant to which Lanshore LLC may be required to indemnify you, or Lanshore LLC believes such a claim may arise, Lanshore LLC may, at its option: (i) secure the necessary rights and licenses for you to continue using the Service, (ii) modify the Services such that it is non-infringing, or (iii) terminate this Agreement on written notice to you (and in such event, Lanshore LLC will provide you with a pro-rata refund of all fees paid in advance for Services not yet provided). This Section 13 sets forth your sole remedy, and Lanshore LLC’s exclusive liability, with respect to claims related to the infringement or violation of third party intellectual property rights.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Most user concerns can be resolved quickly and to the user’s satisfaction by emailing user support at support@Lanshore LLC.com. In the unlikely event that the Lanshore LLC’s support team is unable to resolve a complaint you may have Lanshore LLC and you agree to arbitrate all disputes and claims between us.
Except for claims for injunctive or equitable relief or claims regarding confidentiality or intellectual property rights (which may be brought in any competent court in the US or UK), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Harris County, Texas, in the English language and the arbitral decision may be enforced in any court. With respect to all disputes arising in relation to this Agreement, but subject to the preceding arbitration provision, the parties consent to exclusive jurisdiction and venue in the state and Federal courts located in Houston Texas The prevailing party in any action or proceeding to enforce this Agreement will be entitled to recover reasonable costs and attorneys’ fees.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Lanshore LLC should be addressed to Lanshore LLC, Inc., 1795 N Fry Rd Suite 289. Katy, TX 77449, USA (“Arbitration Notice Address”).
The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If Lanshore LLC and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or Lanshore LLC may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Lanshore LLC or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Lanshore LLC is entitled.
Governing Law. This Agreement will be governed by the laws of the United States and the State of Texas without regard to the principles of conflicts of law (except with respect to federal preemption principles). Unless otherwise elected by Lanshore LLC in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts located within the state of Texas for the purpose of resolving any dispute relating to your access to or use of the Services not subject to arbitration, as set forth above.
Entire Agreement. The failure of Lanshore LLC to exercise or enforce any right or provision of this Agreement will not be a waiver of that right. You acknowledge that this Agreement is a contract between you and Lanshore LLC and it governs your use of the Services and takes the place of any prior agreements between you and Lanshore LLC. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Force Majeure. Neither party shall be liable for, or be considered to be in breach of this Agreement on account of, delay or non-performance of its obligations hereunder if the cause of delay or non-performance is an event which is unforeseeable, beyond the control of the party affected, and cannot be remedied by the exercise of reasonable diligence, including without limitation acts of God, acts of government, fire, natural disasters, civil unrest, acts of terror, strikes or other labor problems, computer, telecommunications, Internet service provider or hosting facility failures or delays involving hardware, software or power systems not within the party’s reasonable control, denial of service attacks and inability to obtain energy (each a “Force Majeure Event”). The party affected shall be relieved from its obligations as long as the Force Majeure Event lasts and hinders the performance of said obligations. The party affected shall notify the other party within commercially reasonable time of the Force Majeure Event. Obligations to pay are excused only to the extent that payments are entirely prevented by the Force Majeure Event.
Survival. The following provisions shall survive any termination or expiration of this Agreement: Sections 1, 3.2, 3.3, 4, 5, 6, 10, 12, 13, 14 and 15; provided that Sections 12 and 13 only survive to the extend applicable to a claim, action or demand.
Marketing. Lanshore LLC may use the Customer’s logo and otherwise advertise its relationship with the Customer on its website or other advertising materials. However, Lanshore LLC shall obtain prior written permission from the Customer (email acceptable) prior to using any Customer’s testimonials or publishing any descriptions about Customer’s and its services.
Modifications. This Agreement may be modified by the written consent of the parties. Except otherwise provided herein, no waiver of the terms of this Agreement shall be effective unless it is in writing by the waiving party.