Hosting Terms of Service
Last Modified: 11/07/2016
These Terms of Service (the “Agreement”) are an agreement between Broker Backoffice, LLC (“BBO” or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions for hosting your marketing webiste services through services made available by Broker Backoffice LLC (the “Service”) . By using the Service, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
Additional Policies and Agreements
Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
Privacy Policy
Acceptable Use Policy
Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.
1. Account Eligibility
1.1. By registering for or using the Service, you represent and warrant that:
1.2. You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
1.3. If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
1.4. It is your responsibility to provide accurate, current, and complete information on the registration forms. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. Broker Backoffice LLC is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may contact Broker Backoffice LLC at support@brokerbackoffice.com or 800-409-0474 to update your contact information. Providing false contact information of any kind may result in the termination of your account. Failure to provide the information requested may result in your order being denied.
1.5. You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
1.6. The Service and any data you provide to Broker Backoffice LLC is hosted in the United States (U.S.) unless otherwise provided. If you access the Service from outside of the U.S., you are voluntarily transferring information (potentially including personally-identifiable information) and content to the U.S. and you agreeing that our collection, use, storage and sharing of your information and content is subject to the laws of the U.S., and not necessarily of the jurisdiction in which you are located.
2. Transfers
2.1. Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date. Transfers outside of the thirty (30) day period will incur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall Broker Backoffice LLC be held liable for any lost or missing data or files resulting from a transfer to or from Broker Backoffice LLC. You are solely responsible for backing up your data in all circumstances.
3. Broker Backoffice LLC Content
3.1. Except for User Content (as defined below), all templates made available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “Broker Backoffice LLC Content”), are the property of Broker Backoffice LLC or Broker Backoffice LLC’s licensors. Broker Backoffice LLC Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Broker Backoffice LLC Content. Any use of Broker Backoffice LLC Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any Broker Backoffice LLC Content. All rights to use Broker Backoffice LLC Content that are not expressly granted in this Agreement are reserved by Broker Backoffice LLC and Broker Backoffice LLC’s licensors.
4. User Content
4.1. You are able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Broker Backoffice LLC that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
Solely for purposes of providing the Services, you hereby grant to Broker Backoffice LLC a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, Broker Backoffice LLC does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
4.2. Broker Backoffice LLC exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Broker Backoffice LLC’s computers, network hubs and points of presence or the Internet. Broker Backoffice LLC does not monitor User Content. However, you acknowledge and agree that Broker Backoffice LLC may, but is not obligated to, immediately take any corrective action in Broker Backoffice LLC’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Broker Backoffice LLC shall have no liability due to any corrective action that Broker Backoffice LLC may take.
5. Third Party Products and Services
5.1. Third Party Providers
5.1.1. Broker Backoffice LLC may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.
Broker Backoffice LLC does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. Broker Backoffice LLC is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
6. Broker Backoffice LLC as Reseller or Licensor
6.1. Broker Backoffice LLC may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services (“Non-Broker Backoffice LLC Products”). Broker Backoffice LLC shall not be responsible for any changes in the Services that cause any Non-Broker Backoffice LLC Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-Broker Backoffice LLC Products, either sold, licensed or provided by Broker Backoffice LLC to you will not be deemed a breach of Broker Backoffice LLC’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-Broker Backoffice LLC Product are limited to those rights extended to you by the manufacturer of such Non-Broker Backoffice LLC Product. You are entitled to use any Non-Broker Backoffice LLC Product supplied by Broker Backoffice LLC only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-Broker Backoffice LLC Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-Broker Backoffice LLC Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
7. Third Party Websites
7.1. The Services may contain links to other websites that are not owned or controlled by Broker Backoffice LLC (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.
8. Account Security and Broker Backoffice LLC Systems.
8.1. It is your responsibility to ensure that your account is secure and permissions are set properly, regardless of the installation method. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
8.2. The Service, includes cloud hosting services using dedicated servers from third party vendors. Broker Backoffice LLC may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
8.3. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. Broker Backoffice LLC may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
8.4. Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by Broker Backoffice LLC of an issue, we reserve the right to leave access to services disabled.
8.5. Broker Backoffice LLC reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
9. HIPAA Disclaimer. The marketing website service is not “HIPAA compliant.”
9.1. You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Broker Backoffice LLC does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to “protected health information” is a material violation of this Agreement, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that Broker Backoffice LLC is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact support@Broker Backoffice LLC.com.
10. Compatibility with the Services
10.1. You agree to cooperate fully with Broker Backoffice LLC in connection with Broker Backoffice LLC’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, Broker Backoffice LLC is not responsible for any delays due to your failure to timely perform your obligations.
10.2. Broker Backoffice LLC is responsible for backing-up any Websites. These back-ups are scheduled daily. Broker Backoffice LLC will restore content, if needed, to the most recent and useable format. We do not warrant that you will not lose content using these processes. Please keep a copy of page content in word or other formats to ensure content is re-useable.
11. Billing and Payment Information
11.1. It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Service in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
12. Autorenewal.
12.1. Unless otherwise provided, you agree that until and unless you notify Broker Backoffice LLC of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
13. Taxes.
13.1. Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to Broker Backoffice LLC’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
14. Late Payment.
14.1. All invoices must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding for more than ten (10) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Broker Backoffice LLC may suspend or terminate your account and pursue the collection costs incurred by Broker Backoffice LLC, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. Broker Backoffice LLC will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
15. Fraud.
15.1. It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Broker Backoffice LLC may report any such misuse or fraudulent use, as determined in Broker Backoffice LLC’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
16. Invoice Disputes.
16.1. You have ninety (90) days to dispute any charge or payment processed by Broker Backoffice LLC. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
17. Payment Card Industry Security Standard Disclaimer.
17.1. Broker Backoffice LLC complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of our customer’s data and billing information. However, you are solely responsible for the security of the data and billing information on your User Website. Broker Backoffice LLC does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard.
18. Cancellation Process.
18.1. You may terminate or cancel the Services by giving Broker Backoffice LLC written notice via the cancellation form provided. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) Broker Backoffice LLC may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.
Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes. You should immediately receive an automatic email with a tracking number stating that “Your request has been received….” Broker Backoffice LLC will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately via phone at: 1-800-409-0474
19. UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.
20. CPU, Bandwidth and Disk Usage
20.1. Permitted CPU and Disk Usage.
20.2. All use of hosting space provided by Broker Backoffice LLC is subject to the terms of this Agreement and the Acceptable Use Policy.
20.3. Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. Broker Backoffice LLC expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. Broker Backoffice LLC may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of Broker Backoffice LLC’s terms and conditions.
20.4. Dedicated and VPS usage is limited by the resources allocated to the specific plan that you have purchased.
21. Bandwidth Usage.
21.1. Shared servers are not limited in their bandwidth allowance. Unlimited bandwidth usage is not available for resellers, dedicated or VPS servers, which are subject to the terms of the plan you purchased and can be viewed in your control panel.
22. Uptime Guarantee.
22.1. If your shared or reseller server has a physical downtime that falls short of the 99.9% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of Broker Backoffice LLC and may be dependent upon the justification provided. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services.
23. Price Change
23.1. Broker Backoffice LLC reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days notice before charging you with any price change on any annual or longer term plans. It is your sole responsibility to periodically review billing information provided by Broker Backoffice LLC through the user billing tool or through other methods of communication, including notices sent or posted by Broker Backoffice LLC.
24. Limitation of Liability
24.1. IN NO EVENT WILL BROKER BACKOFFICE LLC ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF BROKER BACKOFFICE LLC IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
24.2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BROKER BACKOFFICE LLC’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BROKER BACKOFFICE LLC FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
25. Indemnification
25.1. You agree to indemnify, defend and hold harmless Broker Backoffice LLC, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
26. Independent Contractor
26.1. Broker Backoffice LLC and User are independent contractors and nothing contained in this Agreement places Broker Backoffice LLC and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
27. Governing Law; Jurisdiction
27.1. Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State of Colorado.
28. Disclaimer
28.1. Broker Backoffice LLC shall not be responsible for any damages your business may suffer. Broker Backoffice LLC makes no warranties of any kind, expressed or implied for the Services. Broker Backoffice LLC disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Broker Backoffice LLC or our employees.
29. Backups and Data Loss
29.1. Your use of the Services is at your sole risk. Broker Backoffice LLC’s backup service runs once a day. This service is provided as a courtesy and may be modified or terminated at any time at Broker Backoffice LLC’s sole discretion. Broker Backoffice LLC is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on Broker Backoffice LLC’s shared servers.
30. Limited Warranty
30.1. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, BROKER BACKOFFICE LLC AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. BROKER BACKOFFICE LLC AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. BROKER BACKOFFICE LLC AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
31. Disclosure to Law Enforcement
31.1. Broker Backoffice LLC may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.
32. Entire Agreement.
32.1. This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
33. Headings.
33.1. The headings herein are for convenience only and are not part of this Agreement.
34. Changes to the Agreement or the Services
34.1. Broker Backoffice LLC may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the Broker Backoffice LLC website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification. Broker Backoffice LLC reserves the right to modify, change, or discontinue any aspect of the Services at any time.
35. Severability
35.1. If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
36. Waiver
36.1. No failure or delay by you or Broker Backoffice LLC to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
37. Assignment; Successors
37.1. You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of Broker Backoffice LLC. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. Broker Backoffice LLC may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
38. Force Majeure
38.1. Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
39. Third-Party Beneficiaries
39.1. Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.
