This Terms of Service is a legal agreement between you and cDemo Mobile Solutions Ltd. (cDemo) owner of the brand name cDemo, that governs your access to and use of cDemo as a purchaser of the cDemo Service. Please review this entire Terms of Service before you decide whether to accept it and continue with the registration process or your continued use of the cDemo Services.

By CHECKING “I Accept cDemo Terms of Use and Privacy Policy” ON THE cDemo REGISTRATION PAGE OR ANY cDEMO TERMS OF USE AGREEMENT PAGE, YOU AGREE TO BE BOUND BY THIS TERMS OF SERVICE.

  1. Certain Defined Terms

    The following defined terms appear in this Terms of Service.

    • “You”, “you” or “Buyer”: means a Customer that applies to, or registers to use, or uses the Service including any cDemo Web Sites, applications, products, technology, software or services
    • Customer: means a person, business, company or other legal entity that registers to access or use the Service.
    • cDemo Web Sites: means the web site pages of cDemo or partner companies
    • Purchase Amount: means the total dollar amount of transactions, cDemo Credits or any other cDemo services purchased at one time.
    • Service: means the cDemo Service, described in this Terms of Service, which incorporates multiple components, including but not limited to any products, technology, software, websites, mobile applications, tools or other service used, provided or offered by cDemo, that collectively form a data collection, storage, management and distribution system allowing standardized collection of Data, as well as distribution of said data to third party systems, which may be set forth in patent and/or copyright filings made by, or on behalf of, cDemo and its licensors.
    • “cDemo”, “we”, or “us”: cDemo Mobile Solutions Ltd.
    • Data: means any information, including but not limited to, graphics, images, video, audio, text, or any system or user-supplied data or information of any kind regarding an asset, system or process
    • Data Capture: The process by which a Customer uses the Service to capture and record Data resulting in a cDemo Record.
    • Record: The record of specific Data collected, captured and submitted to the Service by or an behalf of a Customer which then resides as a Record within the Service and can be used to generate detail pages or otherwise be stored, accessed, audited, managed, edited, shared or re-distributed.
  2. Description of Services and Fees

    cDemo provides a range of technology, products and services including but not limited to providing you the ability to complete a Data Capture from or about an item, asset system or process by downloading a predefined Data Capture process from the Service, enabling you to capture, collect and generate Data, resulting in a cDemo Record, and further audit, format, access, display or redistribute the collected Data. Records can be formatted into predefined web reports and detail pages and Data can otherwise be configured for the purpose of uploading the data on behalf of the customer to and/or creating listings on other websites or 3rd party systems that are interfaced with or otherwise can receive data from cDemo, including any cDemo Web Sites or systems that providing public or protected access to cDemo customer Data and Records.

    cDemo products and Services can be paid for using a number of different methods, including; (i) by “cDemo Credits” purchased by the Customer and credited to the Customer’s cDemo account; (ii) by pre-paid monthly subscription that can be configured or defined by any number of parameters such as quantity of Records submitted, etc. and allow for subsequent charge to the customer for any overages; (iii) by any other method that may be defined by cDemo and agreed to by the Customer.

    Prior to the initiation by the Customer of any Data Capture or usage of any other chargeable product or service offered by cDemo, the cost in cDemo Credits, Dollars or other currency, of the specific Data Capture, product or service is available or provided to the Customer. By initiating a Data Capture or usage of any other cDemo product or service, the Customer is thereby agreeing and consenting without limitation to an immediate debit of their cDemo Credit account, or their Credit Card account as supplied to cDemo, or their cDemo client account or any other account or payment method as may be agreed to or provided, in the amount specified for such Data Capture, product or service.

    For Customers using the cDemo Credit system, cDemo reserves the right to adjust, discount and otherwise set the price of cDemo Credits at its own discretion and at any time and the Customer agrees that costs of cDemo Credits may fluctuate up or down and that any fluctuation in current cost of cDemo credits will not otherwise affect the value or cost of or result in any extra charge or refund based on the cDemo credits already paid for and existing in the Customer’s cDemo account. cDemo credits purchased are non-refundable, have no cash value and can only be used for the purchase of cDemo products and Service.

    Customer is responsible for paying our fees, for purchase of cDemo credits or otherwise, when they are due. If fees are not paid when due, we may limit your ability to use the Service. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. Unless indicated otherwise at the time of purchase, our fees for purchase of cDemo credits and/or Services are quoted in US Dollars.

  3. Requirements for Registration

    In order to use the Service, you must complete all required information elements on the cDemo registration web pages. You must provide current, complete and accurate information and maintain it as current and accurate. We may require you to provide additional information as a condition of continued use of the Service, or to assist in determining whether to permit you to continue to use the Service.

    We, in our sole and absolute discretion, may refuse to approve or may terminate existing registrations, accounts, users, or your access in any way to the Services with or without cause or notice, other than any notice required by any applicable law, and not waived herein.

    By agreeing to this Terms of Service for Customers, you:

    • represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States, Canada or any other applicable jurisdiction. We ask that children under the age of 18 do not register or submit any personal information to cDemo and require all children under the age of 18 to use the Service under the direct supervision of their parent(s) or legal guardian(s)
    • also agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration forms, websites, pages or processes (such information being the “Registration Data”) and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or cDemo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, cDemo has the right to suspend or terminate your account and refuse to you any and all current or future use of the Service (or any portion thereof). cDemo is concerned about the safety and privacy of all its users.

    If you are a business entity, you also represent that you are:

    • duly authorized to do business in the country or countries where you operate; and
    • your employees, officers, representatives, and other agents accessing the Service are duly authorized to access the Service and to legally bind you to these Terms of Service and all Purchase Amounts, transactions conducted under your cDemo account and any associated username(s) and password(s).
  4. CONDUCT

    You understand that all information, data, text, software, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person and/or company from which such Content originated. This means that you the Customer, and not cDemo, are entirely responsible for all Content that you upload post, email, transmit or otherwise make available via the cDemo Service. cDemo does not control the Content posted via the Service and, as such does not guarantee the accuracy, integrity or quality of such Content uploaded or made available by other cDemo Customers and such Content is the sole responsibility of the Customer from whom such Content originated. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will cDemo be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content submitted, posted, emailed, transmitted or otherwise made available via the Service. You agree not use or access the Service for purposes of or to use the Service to:

      1. upload, post, email transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
      2. harm minors in any way;
      3. impersonate any person or entity, including, but not limited to, a cDemo and/or cDemo official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
      4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
      5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
      6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
      7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
      8. upload, post, email, transmit or otherwise make available any material that 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;
      9. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
      10. intentionally or unintentionally violate any applicable local, state, provincial, national or international law.
      11. copy, modify, distribute or upload any other person’s or Customer’s content without their permission.
      12. use any robot, spider, scraper or other automated means to access the Service and collect content for any purpose without our express written permission.
      13. harvest or otherwise collect information about others, their Data or their Records including but not limited to email addresses, without their consent.
      14. bypass measures used to prevent or restrict access to the Service. This includes attempting to gain unauthorized access to any cDemo Web Site, computer systems, networks or other systems through hacking or any other means.
      15. obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service.

    You agree not to copy, modify or distribute cDemo or cDemo Web Site content, technology, logos, copyrights or trademarks.

  5. Data Ownership

    By using the Service, you grant cDemo a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, trademark, publicity and database right to any content, information, images and data loaded or provided to cDemo, in any media known now or in the future, including but not limited to product serial numbers, identification numbers, condition, declarations, previous history, sales data, pricing and other historical information and data for cDemo’s own internal analytics and purposes and subject to any limitations as specified in this Section 5.

    You, cDemo and any Customer acknowledge and agree that: (i) all right, title, interest in and to Data shall reside in the Customer or 3rd Party originally owning the right to said data when such data is supplied to cDemo or uploaded to the System; (ii) all right, title, interest in and to Data further enhanced after supplied to cDemo or uploaded to the System will specifically reside with the owner of the original data prior to the enhancement or to the party providing the enhancement if agreed to by the owner of the original data; (iii) cDemo may use the non-identifiable, specific or aggregated Data for their own purposes, subject to any restriction provided by the owner of the data;

    If you believe your rights have been violated, please contact cDemo at info@cdemo.com and we will investigate the matter. We reserve the right to remove content and restrict access to the system where we have grounds for suspecting the violation of these terms, this Terms of Use or of any party’s rights.

  6. Limitations on the Use of the Service

    We may establish general practices and limits concerning use of the Service. We reserve the right to change, suspend or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any Service feature, without notice and without liability.

    We do not warrant that the functions contained in the Service will be uninterrupted or error-free and we shall not be responsible for any service interruptions including, but not limited to, power outages, system failures or other interruptions that may affect the collection, management or distribution of information or the Service.

    We may limit or suspend your use of the Service at any time, in our sole and absolute discretion. If we suspend your use of the Service, we will attempt to notify you by electronic mail. Suspension of your use of the Service will not affect your rights and obligations pursuant to this Terms of Service arising before or after such suspension.

  7. General Practices Regarding Use and Storage

    You acknowledge that cDemo may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that messages, detail pages, web-reports, Data Captures, Records, Data or other uploaded Content will be retained by the Service, the maximum number of messages, detail pages, web-reports, Data, Data Captures, Records or other data that may be sent from, received by or created by an account on the Service, the maximum size of any message, detail page, web-report, Data, Data Capture, Record or other data that may be sent from, received by or created by an account on the Service, the maximum storage space that will allotted on cDemo servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that cDemo has no responsibility or liability for the deletion or failure to store any messages, detail pages, web-reports, Data, Data Captures, Records or other data, other communications or other Content maintained or transmitted by the Service.

  8. Dealings with Advertisers and Third Parties

    Your correspondence or business dealings with, or participation in promotions of, advertisers or any other third party website, individual, company or service found on or through the Service, including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations, associated with such dealings, are solely between you and such advertiser or third party. You agree that cDemo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Service.

    By accessing and uploading video via YouTube’s API Client, users agree to be bound by the YouTube Terms of Service.

  9. Links

    The Service may provide, or third parties may provide, links and/or other means of access to other websites, 3rd party systems or resources not under cDemo’s control. Because cDemo has not reviewed these third party sites, systems and resources, has no control over such sites, systems and resources, you acknowledge and agree that these are provided solely as a convenience to you and that cDemo is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that cDemo shall 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 such Content, goods or services available on or through any such site, system or resource.

  10. Username and Password Information

    You are responsible for: (i) maintaining the confidentiality of your username and password, (ii) any and all Purchase Amounts, transactions by persons that you give access to or that otherwise use such username or password, and (iii) any and all consequences of use or misuse of your username and password. You agree to notify us immediately of any unauthorized use of your username or password or any other breach of security regarding the Service of which you have knowledge.

    If the Customer is a business entity, Customer agrees that all officers, employees, agents, representatives and others having access to the, account(s), username(s) and/or password(s) shall be vested by the Customer with the authority to use the Service and legally bind the Customer. The Customer shall be responsible for all actions by current and former officers, employees, agents, representatives and others, regardless of whether authorized by the Customer, that access the Service using the Customer’s accounts, username(s) and password(s) created by or authorized by the Customer for use of and access to cDemo. Usernames and passwords authorized by the Customer means any usernames and passwords configured and setup within the Customer’s cDemo account for the purposes of accessing said account.

  11. Privacy

    You understand and agree that personal information provided to us in connection with the Service is subject to the cDemo Privacy Policy accessible as a separate document from this Terms of Service. Information collected by cDemo in connection with your use of the Service may be stored and processed outside of the United States of America and Canada in any country in which cDemo or cDemo affiliates maintain facilities or servers. Accordingly, by using the Service you consent to any transfer of such information outside of your country. You acknowledge that under the laws of certain countries, in certain circumstances, courts, law enforcement agencies or regulatory agencies may be entitled to access your personal information. You authorize cDemo and cDemo to transfer outside of your country, information regarding you and the information that is collected through the cDemo Service.

  12. Use of Electronic Communications

    You authorize us to communicate with you regarding the Service by means of electronic communications, including (a) sending electronic mail to the email address you provided during registration, or (b) posting notices or communications within the Service or on a cDemo Web Site, mobile application or other system. You agree that we may communicate with you by means of any method defined within this Section 12(a) and (b): this Terms of Service (and revisions or amendments), notices or disclosures regarding the Service, payment authorizations, and any other matter relating to your use of the Service.

    You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. Electronic communications shall be deemed received by you when we send the electronic communication to the email address you provided at the time of registration or as revised by you thereafter in accordance with this Terms of Service, or when we post the electronic communication on a cDemo Web Site, mobile application or other system.

    For those communications or records that we are otherwise required under applicable law to provide in a written paper form to you, you agree that we may provide such communications or records by means of electronic communications. The following additional terms will apply to such electronic communications: (a) you may contact us through the Service contact page to request another electronic copy of the electronic communication without a fee; (b) you may request a paper copy of such an electronic communication, and we reserve the right to charge a fee to provide such paper copy; (c) you may contact us through the Service to update your registration information used for electronic communications or to withdraw consent to receive electronic communications; and (d) we reserve the right to terminate your use of the Service if you decline or withdraw consent to receive electronic communications from us.

  13. Disputes

    You agree to release, cDemo, and other affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute. You agree that you will not involve cDemo, and other affiliates, and their agents, contractors, officers and employees in any litigation or other dispute arising out of or related to any Purchase Amounts, transaction, agreement, or arrangement with any other Customer, advertiser or other third party in connection with the Service. If you attempt to do so, (i) you shall pay all costs and attorneys’ fees of cDemo, and other affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth below.

  14. Fraud Protection and Refunds

    If you believe your account has been opened or used in an unauthorized manner, please report unauthorized purchases immediately to (FraudProtection@cdemo.com). Our fraud protection policy covers you against unauthorized purchases. If we find or it is otherwise proven that an unauthorized purchase is made using your cDemo account, cDemo will make best efforts to work with the payment processor to refund you.

    Except as set forth in this Terms of Service, all Purchase Amounts, data & transactions processed through the Service are non-refundable to Buyer by cDemo and non-reversible by the Buyer through the service.

  15. Termination of Service

    We may, in our sole and absolute discretion without liability to you or any third party, terminate your use of the Service for any reason, including without limitation inactivity or violation of this Terms of Service or other policies we may establish from time to time.

    Upon termination, we have the right to prohibit your access to the Service, including without limitation by deactivating your username and password, and to refuse future access to the Service by you (or your relatives or known acquaintances or if a business entity, its parent, affiliates or subsidiaries or its or their successors).

  16. Buyer Responsibility for Taxes

    The reporting and payment of any applicable taxes arising from the use of the Service is your responsibility. You hereby agree to comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with Purchase Amounts, payment transactions.

  17. No Endorsement of Products

    cDemo does not represent or endorse, and shall not be responsible for: (a) the safety, quality, accuracy, reliability, integrity or legality of any Product or the Service, the truth or accuracy of the description of Products or the Service, or of any advice, opinion, offer, proposal, statement, data or other information (collectively, “Content”) displayed or distributed, purchased or paid through the Service, or the cDemo Web Sites; or (b) the ability of Buyers to buy Products or Sellers to deliver Products. cDemo hereby disclaims any liability or responsibility for errors or omissions in any Content or in the Service. cDemo reserves the right, but shall have no responsibility, to edit, modify, refuse to post or remove any Content, in whole or in part, that in cDemo’s sole and absolute discretion is objectionable, erroneous, illegal, fraudulent or otherwise in violation of this Terms of Service for Customers.

  18. Indemnification

    You agree to indemnify, defend and hold harmless cDemo, and cDemo subsidiaries and other affiliates, and its and their directors, officers, owners, agents, co-branders or other partners, employees, information providers, licensors, licensees, consultants, contractors and other applicable third parties (collectively “Indemnified Parties”) from and against any and all claims, demands, causes of action, debt or liability, including reasonable attorneys fees, including without limitation attorneys fees and costs incurred by the Indemnified Parties arising out of, related to, or which may arise from: (i) your use of the Service; (ii) any breach or non-compliance by you of any term of this Terms of Service or any of cDemo’s policies; (iii) any dispute or litigation caused by your actions or omissions; or (iv) your negligence or violation or alleged violation of any law or rights of a third party.

  19. Disclaimer of Warranties

    THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, INFORMATION AND OTHER SERVICES MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH THE SERVICE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, cDemo, cDemo SUBSIDIARIES AND OTHER AFFILIATES, AND THEIR AGENTS, CO-BRANDERS OR OTHER PARTNERS (COLLECTIVELY, “cDemo PARTIES”), MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR THE SERVICE OR THE CONTENT, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICE, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICE. EACH cDemo PARTY DISCLAIMS WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE cDemo PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. THE cDemo PARTIES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS OR THE SERVICE.

  20. Limitations of Liability; Force Majeure

    IN NO EVENT SHALL ANY cDemo or cDemo PARTY BE RESPONSIBLE OR LIABLE TO BUYER OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY, DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY cDemo or cDemo PARTY OR THE SERVICE, OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR BY WAY OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE cDemo or cDemo PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL THE cDemo’s PARTIES’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE NET FEES cDemo HAS ACTUALLY RECEIVED AND RETAINED FROM THE BUYER’S VALID PURCHASES, TRANSACTIONS OR OTHER PAID PRODUCTS OR SERVICES PROVIDED DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.

    Both the Customer, you and cDemo acknowledge that the other party or parties have entered into this Terms of Service relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. In addition to and without limiting any of the foregoing, no cDemo or cDemo Party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.

  21. Jurisdiction; Governing Law

    This Terms of Service shall be governed by the laws of Alberta, Canada. Each party agrees to submit to personal and exclusive jurisdiction of the courts located in Alberta, Canada. The parties specifically exclude from application to the Terms of Service the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act.

  22. Notice

    In addition to the electronic communications authorized under the Section entitled, ÒUse of Electronic CommunicationsÓ, statements, notices and other communications to Buyer may be made by mail, email, postings within the Service or on the cDemo Web Site, mobile applications or other reasonable means. We may also provide notices of changes to the Terms of Service or other matters by displaying links to notices within the Service or on the cDemo Web Sites or mobile applications. Notice to cDemo may be made by mail to:

    cDemo Mobile Solutions Ltd.
    Attn: cDemo
    34 Queens Road West
    Lethbridge, AB Canada T1K 3W2
  23. Modification of Terms of Service for Customers

    We have the right, in our sole and absolute discretion, to change, modify, or amend any portion of this Terms of Service at any time by posting notification within the Service or on a cDemo Web Site, mobile application or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, after the initial posting and shall apply on a going-forward basis with respect to use of the system, Records created, Data supplied or submitted and Purchase Amounts, purchases and transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Service.

  24. Assignment

    You may not assign this Terms of Service or any rights or obligations hereunder, by operation of law or otherwise, without our prior written approval and any such attempted assignment shall be void. We reserve the right to freely assign this Terms of Service and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, this Terms of Service shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.

  25. Survival

    Upon termination of your use of the Service or termination of this Terms of Service for any reason, in addition to this section, the following sections shall survive termination: 5,6, 11, 12, 13, 15 through 22, and 26.

  26. Other Provisions

    The failure of cDemo to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Terms of Service shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Terms of Service shall otherwise remain in full force and effect and remain enforceable between the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. This Terms of Service, including cDemo’s policies governing the Service referenced herein, constitutes the entire agreement between cDemo and Customer with respect to Customer’s use of the Service. This Terms of Service is not intended and shall not be construed to create any rights or remedies in any parties other than Customer and cDemo and other affiliates which each shall be a third party beneficiary of this Terms of Service for Customers, and no other person shall assert any rights as a third party benefici