1. Introduction. Thank you (the terms “you,” “your,” “User,” or “Customer,” shall refer to any individual or entity that accepts these Terms of Service) for selecting PHYREM, LLC (referred to as “PHYREM,” “we,” “our,” or “us”) for the Services found at this Site (“www.PHYREM.com”). These Terms of Service (the “Agreement”) are a legal agreement between you and PHYREM. When you click the button “I AGREE” or when you browse this site or use any of the Services, you signify that you have read, understood, acknowledged, and agreed to be bound by these Terms of Service. If you do not agree to this Agreement, then do not click “I AGREE” to indicate acceptance of the Agreement, and do not use the Services. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits. For purposes of this Agreement, “Service(s)” shall mean the products and services that can be found at this Site.

2. Other Agreements Incorporated by Reference. This Agreement includes by reference, the following policies and agreements:

1. The PHYREM Privacy Policy, available on this website;
2. Additional Terms and Conditions for the specific Services that you have selected, including Terms and Conditions from third parties, as applicable;
3. Acceptable use policy, available here in the Terms and Conditions;
4. The Can SPAM Act herein the Terms and Conditions;
5. SMS Restrictions herein the Terms and Conditions; and
6. The Storpass Contract that you signed.

3. Modification of the Terms of Service. PHYREM reserves the right at any time, in its sole and absolute discretion, to change or modify this Agreement, to impose new or additional terms or conditions on your use of the Services, and to change or modify any of the policies or agreements that are incorporated herein by reference. Such changes or modifications and/or additional terms and conditions will be effective and incorporated into this Agreement immediately upon posting to this Site. We may also change or discontinue the Services, in whole or in part, including but not limited to pricing, technical support options, and other product-related policies. Your continued use of the Services after PHYREM posts or otherwise notifies you of the changes will be deemed to be your acceptance thereof. If you do not agree to the updated version of this Agreement, you must stop using the Services immediately.

4. Individual Eligibility; Business Authority. This Site and the Services available on this Site are only available to Users who have the ability to form legally binding contracts under applicable law. By your use of the Services or this Site, you represent and warrant that you are (a) not less than eighteen (18) years of age and (b) you are otherwise recognized as able to form a legally binding contract under applicable law.

5. Your Rights and Restrictions.

1. The PHYREM Services and Products are intended for legal, legitimate uses, and purposes. You agree not to use the Services or Products on this Site in any way that violates any applicable local, state, national, or international law, regulation, or the terms of this Agreement. Specifically, you will not use this Site or the Services in a manner (as determined by PHYREM in its sole and absolute discretion) that:
   1. Is illegal, or promotes or encourages illegal activity;
   2. Is defamatory, harassing, abusive, or otherwise objectionable or promotes or encourages such behavior;
   3. Displays or allows access to child pornography or any behavior related to the exploitation of children or otherwise promotes or encourages such behavior;
   4. Generates, promotes, or encourages hate speech, hate crime, terrorism, violence against people, animals, or property or intolerance of or against any protected class;
   5. Generates, promotes, or encourages any spam or other unsolicited bulk email or computer or network hacking or cracking;
   6. Affects the operability or security of the Site or causes unreasonable inconvenience or offense or disruption to PHYREM staff and/or its operations;
   7. Infringes on the intellectual property rights of any other person or entity
   8. Infringes on or violates the privacy rights, publicity rights, or confidentiality; rights of another person or entity;
   9. Transmits, contains, or installs any viruses, worms, bugs, Trojan horses or other disruptive or harmful code, software or data capable of disrupting, damaging, or limiting the functionality of any hardware or software;
   10. Engages in the sale or distribution of prescription medication without a valid prescription and/or without proper legal authorization;
   11. Impersonates another person or entity or submits content on behalf of another User without such User’s prior written consent; and
   12. Misrepresents your account or your website as a PHYREM Service.
2. You are responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“Content”) that is uploaded, stored, or posted through your use of the Services (“User Content”). PHYREM hereby disclaims any and all responsibility, liability, and/or damage that result from any of the User Content that you submit and/or display on to the Site.
3. In addition to the foregoing, you agree that you will not:
   1. Reproduce, duplicate, copy deconstruct, sell, trade, or resell the Services or anything on the Site except where expressly authorized by PHYREM;
   2. Modify or alter any part of this Site or any of the Services found at the Site or any of its related technologies;
   3. Provide access to any of the Services provided at the Site to any third party;
   4. Collect or harvest (or permit another to collect or harvest) any User Content or non-public personally-identifying information about another User or any other person or entity without such person’s or entity’s prior written consent;
   5. Access any part of the Site through any technology or means other than through the Site itself, or as PHYREM may determine in its sole discretion;
   6. Circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site that prevent or restrict certain uses of the Site (e.g. copying of PHYREM Content, etc.)
4. Any Users that are or are reasonably suspected to be in violation of any law or any of these Terms of Service may have their accounts suspended and/or terminated, in the sole and absolute discretion of PHYREM.

6. Your Account. You will be required to create an account (“Account”) to access the full range of Services offered by PHYREM on the Site. When you accept these Terms of Service, you represent and warrant to PHYREM that all information that you submit upon the creation of your Account is accurate, current, and complete; and you pledge to maintain your information as accurate, current and complete. If PHYREM at any time suspects that any of your Account information is inaccurate, outdated, or incomplete, PHYREM reserves the right, in its sole discretion, to suspend or terminate your Account. You are solely responsible for all of the activity that occurs on your Account, whether or not authorized by you. You hereby pledge to maintain your Account information (e.g. login ID, password, payment methods, PINs, etc.) secure. To that end, PHYREM recommends that you change your password at least one (1) time every months (3) months. You are required to notify PHYREM immediately upon the breach or any suspected breach of security or any unauthorized use of your Account. PHYREM expressly disclaims all liability for any unauthorized use of your Account; however, you may be held liable to PHYREM or others who incur any loss caused by any activity on your Account.

7. Payment. PHYREM Services are offered on a paid subscription basis. The terms of payment are set forth in your Storpass Contract.

8. Cancellation. You may cancel your Account or any part of the Services at any time; however, this does not cancel the Storpass Contract that you may have with Phyrem.

9. Third Party Websites. This Site and the Services offered at the Site may contain links to third-party websites that are neither owned nor controlled by PHYREM. In using this Site or any Services found at the Site, you expressly release PHYREM from any and all liability that may arise as a result of your use or access to any third party website including the content, advertising terms of use, availability, or other practices or material. As such, PHYREM advises you to note when you leave the PHYREM Site or Services and be sure to review carefully the terms and conditions, privacy policies, and other documents that govern the third-party websites that you may visit.

10. Content. This Section shall specifically apply to your use of PHYREM Content and Customer Content that is available or posted to the PHYREM corporate website (“Content” is defined below). The provisions set forth in this Section are not intended to and specifically shall not have the effect of transferring any ownership or licensing rights (including any and all intellectual property rights) that do not already exist, except as expressly stated herein.

1. Customer Content. You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials (individually and collectively, the “Content”) uploaded, posted, or stored through your use of the Services. By posting or publishing Customer Content to this Site or to the Services at this Site, you represent and warrant to PHYREM that (i) You have all necessary rights to distribute Customer Content by way of the PHYREM Site, either because you are the author of the Customer Content and you have the right to distribute same, or because you have the appropriate and required distribution rights, licenses, consents, and/or permissions to use the Customer Content from the copyright or other owner of the Customer Content, and (ii) you do not violate the rights of any third party. You are encouraged to create and maintain archives of your Content regularly and frequently. You and only you are responsible for any Content that may be lost or unrecoverable during the course of your use of the Services.
2. PHYREM Use of Customer Content. By accepting these Terms of Service, you grant PHYREM a worldwide, royalty-free, non-exclusive, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your Customer Content in connection with PHYREM’s provision of Services through this Site and in connection with PHYREM’s businesses, including without limitation for promoting this Site in any media formats and through any media channels without the restriction of any kind and without payment or other consideration of any kind, or permission or notification to you or any third party. The licenses granted by you herein are perpetual and irrevocable.
3. Control of Customer Content. PHYREM does not require pre-approval of Customer Content posted to this Site; however, PHYREM reserves the right (but does not assume the obligation) to require pre-approval of Customer Content and to decide whether any item of Customer Content is compliant with these Terms of Service. PHYREM reserves the right to remove any item of Customer Content and/or terminate a Customer’s access to the PHYREM Services for posting or publishing any material that is in violation of these Terms of Service or for otherwise violating these Terms of Service. In the event that PHYREM terminates your access to the Services or the Site, PHYREM reserves the right, in its sole and absolute discretion, to remove and/or destroy any and all files, data, and/or Content that you store on its servers. If PHYREM remove and/or destroy any files, data, and/or Content that you store on its servers it does not constitute a material breach of these Terms of Service or any other separate agreement between you and PHYREM.
4. Customer Use of PHYREM Content. You understand and acknowledge that PHYREM provides extensive Content on the Site intended to enhance your use of the Services (the “PHYREM Content”). The PHYREM Content is owned by PHYREM or licensed to PHYREM, and is subject to copyright, trademark, and/or patent protection in the United States and foreign countries. PHYREM Content is provided to you “as is” and “with all faults” for your information and your use in connection with your subscription to the PHYREM Site, and for no other purpose. To that end, PHYREM grants you a non-exclusive, non-transferable license to use, reproduce, modify, publish and display the PHYREM Content in accordance with the terms set forth in these Terms of Service. The term of the license shall be concurrent with the term of your individual contract to the Services and shall be terminated immediately upon termination or cancellation of the Services, either by you or by PHYREM. You may not resell, sublicense, or otherwise make available the PHYREM Content for use or distribution separately or detached from the Services. For example, the PHYREM Content may be used as part of a web page design, but may not be made available for separate downloading or in a separate digital format that is designed or intended to allow others to permanently store or reuse the PHYREM Content.

11. Termination. Is listed and discussed in your Storpass Contract.

12. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES. BY AGREEING TO THESE TERMS OF SERVICE, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK AND THAT THE SITE AND THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PHYREM, ITS AFFILIATES, AND ITS THIRD-PARTY SERVICE OR DATA PROVIDERS, LICENSORS, DISTRIBUTORS, AND/OR SUPPLIERS (HEREAFTER COLLECTIVELY REFERRED TO AS “SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTY OF TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY, OR CONTENT IN OR LINKED TO THE SERVICES. PHYREM AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT, OR DESTRUCTION.

13. LIMITATION OF LIABILITY. IN NO EVENT SHALL PHYREM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES THAT MAY RESULT FROM: (A) FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, OR USE OF SOFTWARE OR HARDWARE, (B) THE ACCURACY, COMPLETENESS OR CONTENT ON THIS SITE OR LINKED TO THIS SITE, (C) THE SERVICES FOUND AT THIS SITE OR LINKED TO THIS SITE, (D) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (E) THIRD PARTY CONDUCT OF ANY NATURE WHATSOEVER, (F) ANY USER CONTENT THAT IS OBJECTIONABLE, DEFAMATORY, HARMFUL, HARASSING OR ABUSIVE IN ANY WAY, OR (G) ANY LOSS OR DAMAGE OF ANY KIND RELATED TO YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT,OR ANY OTHER LEGAL OR EQUITABLE THEORY. THESE LIMITATIONS APPLY EVEN IF PHYREM AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Restricted SMS for PHYREM. As part of Phyrem’s Service, PHYREM provides you a platform and program (“StorPass”) to send and receive SMS messages to phone numbers in the US. However, PHYREM may suspend or close your project if you violate our Acceptable Use Policy or Terms of Service while sending or receiving SMS messages.

15. SMS Opt-In Policy. Phyrem uses a ‘Single Opt-in’ which states:

16. Acceptable Use Policy. This Acceptable Use Policy (“AUP”) describes rules that apply to you while using Phyrem Services. The examples described in this AUP are not exhaustive. Customer is responsible for their/its compliance with this AUP. If you violate this AUP, PHYREM may suspend your use of the Services.

1. No Inappropriate Content or Users. Do not use the Services to transmit or store any content or communications (commercial or otherwise) that is illegal, harmful, unwanted, inappropriate, objectionable, confirmed to be criminal misinformation, or otherwise poses a threat to the public. This prohibition includes use of the Services by a hate group or content or communications that originate from a hate group or are exploitative, abusive, or hate speech.
2. Prohibited Activities. Do not use the Services to engage in or encourage any activity that is illegal, deceptive, harmful, violating others’ rights, or harmful to PHYREM’s business operations or reputation. This includes:
3. Violations of Laws. Violating any applicable laws, regulations, or industry standards or guidance (collectively, “Applicable Laws”). This includes violating Applicable Laws requiring (a) consent be obtained prior to transmitting, recording, collecting, or monitoring data or communications or (b) compliance with opt-out requests for any data or communications.
4. Interference with the Services. Interfering with or otherwise negatively impacting any aspect of the Services or any third-party networks that are linked to the Services.
5. Reverse Engineering. Reverse engineering, copying, disassembling, or decompiling the Services.
6. Falsification of Identity or Origin. Creating a false identity or any attempt to mislead others as to the identity of the sender or the origin of any data or communications.
7. Sending SMS Messages. StopPass allows you to send SMS messages; however, you are limited to the types of messages you can send. You may only send the following types of messages: wallet pass invitations, future relevant communications related to local services, payment reminders, and two-factor authentication. The following applies to the receiver of the SMS messages:
   1. You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
   2. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at smssupport@phyrem.com.
   3. Carriers are not liable for delayed or undelivered messages
   4. Message and data rates may apply.
   5. Message frequency varies.
   6. If you have any questions regarding privacy, please see https://www.phyrem.com/legal/privacy-policy
8. Sending Unsolicited Messages. No one likes SPAM. You should only send SMS or email messages to recipients who have opted in to your service and are expecting communication from you. PHYREM actively monitors this kind of activity and we may block the phone number or suspend your project if we receive complaints from your subscribers.
9. Sending Mass Marketing or Bulk Messaging Using PHYREM Long Code Phone Numbers. Mobile carriers do not allow marketing SMS messages, whether solicited or not, to be sent on long codes (10-digit numbers). Marketing messages may only be sent using shortcodes(special 5 or 6-digit numbers). If you’re interested in a dedicated US short code please contact our sales team.Mass marketing restrictions vary from country to country. PHYREM does not support mass marketing on US or international phone numbers.
10. Sending Harassing or Abusive Messages. Sending threats, unwanted messages, and “SMS-bombing” – sending many messages to a single number without the recipient’s permission – are not allowed on PHYREM. You are responsible for ensuring that your customers do not send harassing or abusive messages.
11. Using PHYREM numbers to provide emergency services, such as 911-types of communication Inbound and outbound communications between emergency service providers and end users are explicitly not permitted on PHYREM numbers. SMS notifications can be used to provide information during an emergency but should not be used as a replacement for or a means to contacting actual emergency services.It is acceptable to use PHYREM to send notifications that do not directly impact life safety. For example, early warning alerts, safety advisories, event cancellations, etc. are allowed. We recommend building redundancies for important applications and using PHYREM’s notifications in conjunction with other public warning systems like sirens, radio, and TV broadcasts if applicable.
12. Engaging in Fraud, Phishing or Sending of Sensitive data. PHYREM takes fraud and abuse very seriously. Report it here abuse@phyrem.com. Sending messages with fraudulent information or phishing to request confidential information from subscribers is not allowed. It’s also never a good idea to provide financial information or any other sensitive personal information to your customers over SMS.
13. Misrepresenting Your Identity (no spoofing). Spoofing the SenderID or otherwise attempting to mislead message recipients as to who is sending the SMS message is not allowed. It’s good business sense to identify your brand or name in each message you send. But it’s not ok to identify yourself as another individual or business.
14. Sending Messages with Pornographic or Objectionable Images. Do not send pictures that promote or potentially further any illegal activity or violate any legal or federal legislation or are likely to cause offense to recipients. These include but are not limited to pornographic or objectionable images.
15. No Service Integrity Violations. Do not violate the integrity of the Services, including:
    1. Bypassing Service Limitations. Attempting to bypass, exploit, defeat, or disable limitations or restrictions placed on the Services.
    2. Security Vulnerabilities. Finding security vulnerabilities to exploit the Services or attempting to bypass any security mechanism or filtering capabilities.
    3. Disabling the Services. Any Denial of Service (DoS) attack on the Services or any other conduct that attempts to disrupt, disable, or overload the Services.
    4. Harmful Code or Bots. Transmitting code, files, scripts, agents, or programs intended to do harm, including viruses or malware, or using automated means, such as bots, to gain access to or use the Services.
    5. Unauthorized Access. Attempting to gain unauthorized access to the Services.
    6. Data Safeguards. Customer is responsible for determining whether the Services offer appropriate safeguards for Customer’s use of the Services. This includes, but is not limited to, any safeguards required by Applicable Laws, prior to transmitting or processing, or prior to permitting End Users to transmit or process, any data or communications via the Services.
    7. Service & Country Specific Requirements. Additional requirements for specific Services, including any country specific requirements, are set forth at https://www.twilio.com/legal/service-country-specific-terms and apply solely to the extent Customer uses those specific Services.

17. Can Spam Act. You agree to compile with the CAN-SPAM Act. Below is some of the CAN-SPAM requirements; however, you are still required to comply with the entire CAN-SPAM Act that can be found at https://www.ftc.gov/business-guidance/resources/can-spam-act-compliance-guide-business.

1. “Don’t use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message.
2. Don’t use Deceptive Subject Lines. The subject line must accurately reflect the content of the message.
3. Identify the Message as an Ad. The law gives you a lot of leeway in how to do this, but you must disclose clearly and conspicuously that your message is an advertisement.
4. Tell Recipients Where You Are Located. Your message must include your valid physical postal address. This can be your current street address, a post office box you’ve registered with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations.
5. Tell Recipients How to Opt-Out of Receiving Future Email From You. Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future. Craft the notice in a way that’s easy for an ordinary person to recognize, read, and understand. Creative use of type size, color, and location can improve clarity. Give a return email address or another easy Internet-based way to allow people to communicate their choice to you. You may create a menu to allow a recipient to opt out of certain types of messages, but you must include the option to stop all commercial messages from you. Make sure your spam filter doesn’t block these opt-out requests.
6. Honor Opt-Out Requests Promptly. Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your message. You must honor a recipient’s opt-out request within 10 business days. You can’t charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request. Once people have told you they don’t want to receive more messages from you, you can’t sell or transfer their email addresses, even in the form of a mailing list. The only exception is that you may transfer the addresses to a company you’ve hired to help you comply with the CAN-SPAM Act.
7. Monitor What Others are Doing on Your Behalf. The law makes clear that even if you hire another company to handle your email marketing, you can’t contract away your legal responsibility to comply with the law. Both the company whose product is promoted in the message and the company that actually sends the message may be held legally responsible.”

18. Indemnity. You agree to indemnify and hold PHYREM, its officers, directors, employees, and agents, as well as its Affiliates and Suppliers harmless from any and all claims, demands, costs, liability, expenses, and damages of every kind (including reasonable attorneys’ fees) imposed on or incurred by PHYREM and directly or indirectly arising out of (a) your use of the Site and/or the Services found at this Site, (b) your breach of these Terms of Service or any other policies or agreements incorporated herein, (c) your violation of any third party right, including but not limited to any intellectual property right or other proprietary rights. The indemnification obligations set forth under this Paragraph shall survive any termination or expiration of these Terms of Service or your use of this Site or the Services found at this Site.

19. Export Restrictions. You acknowledge that this Site, the Services, and the underlying software may include U.S. technical data subject to restrictions under export control laws, regulations, and administrative acts of the United States Department of Commerce, Department of the Treasury Office of Foreign Assets Control (“OFAC”), the State Department, and other United States authorities (collectively, “US Export Laws”). You agree that you will comply with these laws and regulations, and will not export or re-export the Services, or any part of the Service, in violation of these laws and regulations, directly or indirectly. By using this Site and the Services, you represent and warrant that you are not a national or a resident of, located in, or under the control of any restricted country; and you are not on any denied parties list, and you agree to comply with all US Export Laws. If you access this Site or the Services from other countries or jurisdictions, you do so on your own initiative and you are responsible for the local laws of that jurisdiction, if and to the extent, such laws are applicable and do not conflict with US Export Laws. If such laws conflict with US Export Laws, you shall not access this Site or the Services found at the Site. The obligations under this Section shall survive any termination or expiration of these Terms of Service or your use of this Site or the Services.

20. Successors and Assigns; Third Party Beneficiaries. These Terms of Service shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, successors, and assigns. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

21. Governing Law; Jurisdiction. These Terms of Service shall be governed and construed in accordance with the federal law of the United States and the state law of Arizona, without regard to conflict of law principles. You agree that any action relating to or arising out of these Terms of Service shall be brought in the state or federal courts of Maricopa County, Arizona, USA, or the federal court of Arizona. PHYREM prohibits accessing materials from countries or states where the contents are illegal. You are accessing this website on your own initiative and you are responsible for compliance with all applicable laws.

22. General. This Agreement in combination with your StorPass Contract is entire agreement between you and PHYREM and replaces all prior understandings, communications, and agreements, oral or in writing, regarding the subject matter contained herein. This Agreement may be modified only by a written amendment signed by the Parties or as provided in Section 3 herein. If any court of law, having competent jurisdiction, rules, or declares any part of this Agreement illegal, invalid, or otherwise unenforceable then such part of the Agreement will be removed without affecting the remainder of the Agreement and the remaining terms will be valid and in full force and effect. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You may not assign or transfer your rights and obligations under this Agreement without the prior written consent of PHYREM. Notwithstanding the foregoing, PHYREM may assign or transfer its rights and obligations hereunder without your consent. Any assignment in violation of this Section will be void. The titles and headings of these Terms of Service are for the convenience and ease of reference only and shall not be used in any way to construe or interpret the agreement of the Parties as otherwise set forth herein.

23. Force Majeure. No failure, delay, or default in performance of any obligation of a party will constitute an event of default or breach of this Agreement to the extent that such failure to perform, delay, or default arises out of a cause, existing or future, that is beyond the control and without negligence of such party, including action or inaction of governmental, civil or military authority, fire, strike, lockout, or other labor dispute, flood, terrorist act, war, riot, theft, earthquake, or other natural disaster (collectively, “Force Majeure Events”). The party affected by a Force Majeure Event will take all reasonable actions to minimize the consequences of any such event.

24. Contact Information. If you have any questions about these Terms of Service, please contact us either by email or regular mail at the following address:

PHYREM LLC

Copyright © 2019-2024 PHYREM, LLC. All Rights Reserved.