What is the effective date of this Policy and when does this policy apply?
This Policy is effective as of the date set out above. We reserve the right to modify this Policy at any time, and such revisions will become effective upon the earlier of (a) posting of the revisions to the Sites, or (b) distribution by electronic mail. Your continued use of any of the Sites or the Services after the effective date of the revisions means that you accept and agree to any such revisions. This Policy applies solely to our on-line information gathering and disclosure practices in connection with the Sites, and does not apply to any of our practices conducted off-line.
What is our policy on children’s privacy?
The Sites are not for children under 13 years of age. However, there are some areas of the Sites that may be attractive to children under 13. We do not condition participation by a child of any age in any activity available on or through the Sites on the disclosure of more personally-identifiable information than is reasonably necessary to participate in an activity. We do not knowingly collect personally-identifiable information from users of the Sites who are under 13 years of age. No personally-identifiable information should be submitted to, or posted on, the Sites by visitors under 13 years of age.
If we receive an e-mail message from a child who discloses, or is otherwise known to us, to be under 13 years of age, we may, without the consent of the child’s parent or guardian:
- Respond to a one-time request from the child;
- Provide notice of the child’s communication to the child’s parent or guardian;
- Use this information as may be necessary to ensure the safety of the child on the Sites; or
- Send our electronic periodical publications and materials, with the notification to the child’s parent or guardian of the option to discontinue any future delivery of the electronic periodical publications and materials.
Any parent or guardian of a child under 13 years of age who may have provided personally-identifiable information to us may request a description of the personally-identifiable information that has been collected from or about that child and either limit or restrict any further maintenance or use of such information from that child and/or direct us to delete it. A parent may also decline to allow any future collection of personally-identifiable information from that child. Such requests can be made by contacting us at email@example.com. We will take reasonable measures to verify that the requesting party is, in fact, the parent or guardian of the child in question before providing a child’s personally-identifiable information to such person.
We will not knowingly use or disclose any personally-identifiable information of a child under 13 years of age for any purpose except as described above.
What information about you do we collect?
By accessing or using the Sites, you may provide to us two types of information: (1) “personally-identifiable information” that you voluntarily choose to disclose to us, such as your name, address, telephone number, e-mail address, and credit card, debit card or other payment information; and (2) “non-personally-identifiable information,” which we collect through the use of the technologies called “cookies,” “web beacons” and/or “web logs.” We use the information we collect to monitor and analyze how users use the Sites and the Services, to provide customer service and to maintain and improve the Services. We may also collect technical information to help us identify your mobile device.
You may be asked to submit personally-identifiable information to access or use certain aspects of the Services offered on the Sites – for example, when you create an account, subscribe to our mailing list, purchase a product, contact us, receive customer or technical support, or participate in chat rooms, forums, polls, surveys, questionnaires, contests, sweepstakes or other promotions. If you choose not to submit the requested personally-identifiable information, you will not be able to access or use some or all of these Services. We may also collect other types of information about you, such as your gender, hobbies and interests, and this information may be associated with your personally-identifiable information.
We use “cookies” to collect information, on an aggregate basis, about how the Sites are used. This information may include the date and time of visits to the Sites and time spent on the Sites. The use of “cookies” allows us to personalize your use of the Sites and to provide greater convenience each time that you visit. You may choose to disable cookies on your computer, block all cookies, or receive a warning before a cookie is stored on your computer (please consult instructions for your web browser). However, if you disable or block cookies, it is possible that some parts of the Services will not be accessible to you.
We use “web beacons” and “web logs” to allow our servers to automatically record information that your browser sends whenever you visit the Sites. This information includes the time and date, your Internet Protocol address, your geographic location (your zip code, your area code and/or your time zone), your browser type and version, the Sites and/or the Services that you use, and when and how long you use them. We use this information to monitor and analyze how users use the Sites and the Services, to provide customer service and to maintain and improve the Services.
What security measures do we take?
No data transmission over the Internet can be guaranteed to be completely secure, and, for this reason, we cannot ensure or warrant the security of any information that you transmit to us. You can help protect your personally-identifiable information by using a combination of letters and numbers in your password, changing your password often, using a secure web browser, and signing off and closing your web browser when you are finished with the use of the Sites.
What information about you do we share with other parties?
We may use your personally-identifiable information and your non-personally-identifiable information to provide analyses of the users of the Sites and the Services, in the aggregate, to prospective partners, advertisers and other third parties.
We may disclose your personally-identifiable information with our employees, agents, contractors and sub-contractors, and our related and affiliated entities and their respective employees, agents, contractors and sub-contractors, for the limited purpose of enabling them to communicate with you directly about upcoming events and promotions.
We will share your personally-identifiable information with other parties under the following circumstances:
- Asset Transfers. If we become involved in a merger, acquisition, or other transaction involving the sale of some or all of our assets, or in the event of an insolvency or bankruptcy, the information, including personally-identifiable information, collected from you through your use of the Sites, may be included in the transferred assets. Should such an event occur, we will use reasonable measures to notify you, either through e-mail and/or a prominent notice on the Sites.
- Service Providers. We may share your personally-identifiable information with the service providers that we engage in connection with the Services and/or the Sites. For example, we have partnered with other companies to sell products through the Services, to fulfill product orders, to process payments and to administer our e-mail announcements. While providing services for us, these companies may access your personally-identifiable information.
- Sweepstakes and Contests. If you choose to participate in any of our on-line promotions such as a sweepstakes or a contest, your personally-identifiable information collected in connection with a promotion may be shared with the third-party sponsor of the promotion, or as otherwise provided in the Official Rules. You should carefully review the Official Rules of each promotion in which you choose to participate through the Sites, as the Official Rules may contain additional important information about a third party’s collection and use of your information. To the extent that the Official Rules of any promotion conflict with this Policy, the Official Rules will govern collection and use of your personally-identifiable information in conjunction with that particular promotion.
We will not share your information with third parties for the purposes of their direct marketing unless you affirmatively agree to such disclosure.
What choices do you have about the collection and use of your information?
If you no longer wish to receive our announcements by e-mail, you may unsubscribe from receiving them at any time by choosing the “Unsubscribe” link at the bottom of our e-mails, or by writing to us at firstname.lastname@example.org. If you e-mail us to change your contact preferences, we will implement your requested changes within a reasonable period of time. Please note that your requested changes will not be effective until we implement such changes. Please also note that you cannot unsubscribe from certain correspondence from us, such as messages relating to your account transactions.
What is our policy on tracking?
You may be able to adjust your browser’s settings to turn on a “do not track” feature. Although our policy may change in the future, currently, we do not support “do not track” and will not honor your web browser’s “do not track” signal.
We do not participate in tracking networks and do not intentionally or knowingly allow other parties to collect personally-identifiable information about your on-line activities over time and across different websites, when you visit the Sites or use any of the Services.
Does this Policy apply in other countries?
We comply with the United States privacy laws and regulations. We do not represent that the Sites are governed by, or operated in accordance with, the laws of other nations, or that the Sites or any portion of the Sites are appropriate or available for use in any particular location. If you choose to access the Sites, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations. By using the Sites, visitors to the Sites from outside the United States acknowledge and agree that the Sites are subject to United States laws and regulations, and waive any claims against us that may arise under their own national laws.
How can you contact us with questions about this Policy?
If you have any questions about either this Policy or our privacy practices, please contact us by e-mail at email@example.com, or by mail at:
688 S. Cox
Memphis, TN 38104
Terms and Conditions: Last updated and effective as of March 20, 2016
These Terms are a legal agreement between LMAC Studio LLC (collectively, “we,” “us” or “our”) and you, and they contain important information regarding your legal rights, remedies and obligations. By accessing, browsing or otherwise using the Sites, you: (i) acknowledge that you have read, understand, and agree, on your own behalf and/or on behalf of your children, to be bound by these Terms and that you agree to comply with all applicable laws, rules and regulations with respect to your use of the Sites; and (ii) represent that you are an adult and have the legal capacity to enter into contracts in the jurisdiction where you reside. If you do not agree to these Terms, you may not access, browse or use the Sites, and you should discontinue these activities immediately.
Lisa Mac and LMAC Studio, its subsidiaries, affiliated companies, distributors, vendors, contractors, licensors and/or licensees (collectively, the “Parties”) are the exclusive owners or licensees of all content and materials on the Sites (the “Site Content”) and of all related intellectual property rights therein, including, without limitation, all copyrights, moral rights, trademark rights and patent rights. Site Content includes, without limitation, all features, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, text, music, sound effects, audio and/or audio-visual elements, downloadable materials, look-and-feel, design, layout, organization, presentation, user interface, navigation and stylistic convention of the Sites.
You do not acquire any ownership interests in any Site Content or Lisa Mac by accessing, browsing or otherwise using the Sites. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise exploit, through any means or media, any of the Lisa Mac or Site Content.
You may access, browse and use the Sites and Site Content only for your personal, non-commercial use, on a single computer or other Internet-compatible device.
Certain features of the Sites may allow you to post, upload, transmit or submit certain materials, content, information or ideas to the Sites (“Your Content”). Do not post, upload, transmit or submit to the Sites any of Your Content that you did not create or that you do not have express written permission to post. By providing Your Content to us, you: (i) represent and warrant that Your Content is original to you, that you own or otherwise control all of the rights in Your Content, or that you have the rights necessary to grant the license in the following subsection (ii), and that Your Content does not violate any rights, including the rights of privacy, of any party and does not otherwise violate the law; (iii) grant to us and the Parties a worldwide, nonexclusive, fully paid-up, royalty-free, unrestricted, perpetual, irrevocable, fully transferable, assignable and fully sublicensable (through multiple tiers) right and license, to copy, reproduce, edit, modify, distribute, transmit, display, perform, publish, sell, adapt, create derivative works from, and otherwise use Your Content, for any purpose that we or the Parties may choose and through any means or media, whether now existing or subsequently developed, and without any compensation to you or any third party; and (iv) agree to indemnify and hold us and the Parties harmless from and against any and all claims, actions and damages (including, without limitation, court costs, legal fees, accounting fees and amounts paid in settlement) that are related to or result from your use of the Sites, Your Content or its posting on, or submission to, the Sites, and/or your violation of these Terms. You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we and/or the Parties reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
We cannot be responsible for maintaining Your Content, and we may remove Your Content from the Sites at any time, for any or no reason, and without notice to you. We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Sites, or through the Sites’ services or features, by its users, and we are not responsible for any such materials. However, we further reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms or applicable law. We may also impose limits on certain features on the Sites or restrict your access to part or all of the features or services on the Sites without notice or penalty if we believe that you are in breach of these Terms or applicable law, or for any other reason, all without notice or liability.
You warrant and agree that, while accessing or using the Sites, you will not:
impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Sites, the Parties or otherwise affiliated with us;
use an inappropriate username or screen name;
insert your own or a third party’s advertising, branding or other promotional content into any Site Content;
obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Sites through any means, including through means not intentionally made publicly available or provided through the Sites;
engage in any automatic or unauthorized means of accessing, logging-in or registering on the Sites, or obtaining lists of users or other information from or through the Sites, including, without limitation, any information residing on any server or database connected to the Sites;
use the Sites or any of their features and services in any manner that could interrupt, damage, disable, overburden or impair the Sites or interfere with any other party’s use and enjoyment of the Sites, including, without limitation, sending mass unsolicited messages or “flooding” servers;
use the Sites or any of their services in violation of our or the Parties’ intellectual property or other proprietary or legal rights or the rights of any third party;
use the Sites or any of their services in violation of any applicable law;
attempt (or encourage or support anyone else’s attempt) to circumvent, reverse-engineer, decrypt, or otherwise alter, or interfere with, the Sites or any of their services; or
post, transmit, publish or otherwise disseminate through the Sites any of Your Content that, as we determine in our sole discretion: (i) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (ii) is derogatory or harmful to our reputation or to the reputation of the Parties in any way; or (iii) is harmful to children in any manner.
Your Account and Your User Information
You are solely responsible for maintaining the confidentiality of Your User Information. You are also solely responsible for any and all activities that occur under Your Account or Your User Information. You must notify us immediately of any suspected or actual unauthorized use of Your Account or Your User Information, and of any and all other security breaches.
We reserve the right to terminate Your Account or to refuse services to you, without prior notice to you, at any time and for any or no reason. Without limiting the above, if you are a repeat copyright infringer, we will, in appropriate circumstances, permanently terminate Your Account and remove Your Content from the Sites. You have the right to cancel Your Account at any time. You may cancel Your Account by following the instructions on the Sites.
If you voluntarily terminate Your Account or allow Your Account to lapse, you may reactivate Your Account at any time through the account interface on the Sites. Accounts terminated by us for any type of abuse, including without limitation a violation of these Terms, may not be reactivated.
Fees That You May Pay
Some of the Services require you to pay a fee, the details of which are available in various areas of the Sites that allow you to purchase products, features or services. If you choose to join one of our mobile marketing lists, please be aware that there are usually costs associated with receiving SMS or MMS messages, depending on your wireless carrier and plan. You should check with your wireless carrier to determine what charges apply before signing up to receive our updates via your mobile phone. You agree to pay all fees and applicable taxes incurred by you or anyone using Your Account or Your User Information. We may revise the pricing for products, services or features offered through the Sites at any time. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees to, or products or services provided by, us, Your Account may be closed and Your User Information may be disabled without warning or notice at our sole discretion.
EXCEPT AS OTHERWISE SET FORTH IN OUR RETURN POLICY OR CANCELLATION POLICY, YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED PRODUCTS, SERVICES OR FEATURES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT OR THROUGH YOUR USER INFORMATION, INCLUDING ANY UNAUTHORIZED CHARGES.
We may, from time to time, modify, amend, or supplement our fees and fee-billing methods, and such changes shall be effective immediately upon posting in these Terms or elsewhere on the Sites.
Submission of Your Ideas and Suggestions
While we encourage you to share ideas and suggestions through the Sites, we wish to avoid any potential misunderstandings or disputes that may arise from the limited use that we or other users of the Sites may make of any ideas or suggestions that you choose to share or if our content or business activities seem similar to any such ideas or suggestions. When you share ideas or suggestions through the Sites (including, without limitation, ideas or suggestions for new creative work, sound recordings, musical compositions, video programming, webisodes, machinima or theatrical motion pictures) (collectively “Submissions”), you hereby grant us, the Parties, and our respective designees a worldwide, non-exclusive, sublicensable, transferable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, adapt, create derivative works from, publicly perform, publicly display and license, digitally perform, make, have made, sell, offer for sale and import your Submissions in any and all media and means of communication, now known or hereafter developed. IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS PARAGRAPH, PLEASE DO NOT SHARE, SUBMIT OR POST ANY SUBMISSION ON OR THROUGH ANY OF THE SITES.
Links to Third-Party Websites
The Sites contain links to websites of third parties and advertisements of third-party products and services. If you use these links, you will leave the Sites. These third parties and their websites are not under our control. We do not examine or evaluate these websites and we are not responsible for their content or operation. By providing links to these websites, we do not approve, warrant or endorse, or otherwise make any representation about, them or their owners or operators, and do not assume any related responsibility or liability. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use and privacy policies.
Linking to the Sites
You agree that if you include a link from any website to the Sites, such link shall open in a new browser window and shall link to the full version of an HTML-formatted page of the Sites. You may not link directly to any Site Content, by, for example and without limitation, “in-line” linking or “deep-linking” methods, or in any manner causing the Sites, or any page of the Sites, to be “framed”, surrounded or obfuscated by any third-party content, materials or branding. We may, at any time and for any or no reason, require that any link to the Sites be discontinued and removed and revoke your right to link to the Sites.
We administer, control and operate the Sites from our offices in the State of Tennessee, United States of America. The Sites are accessible world-wide; however, some of their features or functions may not be available or appropriate for use outside of the United States and/or may not be available to all persons or in all geographic locations. We make no representation that the Sites and Site Content are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. Your access and use of the Sites may not be legal in your jurisdiction. If you choose to access, browse or use the Sites, you do so on your own initiative and at your own risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. We reserve the right to limit, in our sole discretion, the provision of any feature or function of the Sites to any person and geographic area. Any offer for any feature or function made on the Sites is void where prohibited.
The Sites provide information of a general nature only and you are responsible for determining whether it applies to your specific situation. We and the Parties specifically disclaim any liability concerning any action that any person may take based on any information or guidance provided at the Sites.
Some content on these Sites is provided by the users of the Sites. With the exception of the limited license granted to us in these Terms, we do not obtain or control any rights in, and do not exert editorial control over, such content provided by users. We also do not independently verify the representations and warranties made by the users with respect to such content.
THE SITES AND SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES WITH RESPECT TO ANY UPTIME OR UNINTERRUPTED ACCESS, THE AVAILABILITY, ACCURACY OR USEFULNESS OF SITE CONTENT, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. NEITHER WE NOR THE TN PARTIES WARRANT THAT THE SITES OR SITE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE SITES AT YOUR OWN RISK. WE AND THE TN PARTIES ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, BROWSING, OR USE OF THE SITES OR YOUR DOWNLOADING OF ANY CONTENT ON THE SITES. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ALL USE OF THE SITES.
Limitation of Liability
EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, ANY BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY WILL WE OR THE TN PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR INABILITY TO USE THE SITES, OR FOR ANY SITE CONTENT, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED OR ACCESSED THROUGH THE SITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusion or limitation of consequential or incidental damages and, in such states or jurisdictions, our and the Parties’ liability shall be limited to the fullest extent permitted by law.
IN NO EVENT SHALL WE OR THE PARTIES BE LIABLE FOR ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY US OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITES (INCLUDING, WITHOUT LIMITATION, ANY OF YOUR CONTENT). IN NO EVENT SHALL OUR OR THE PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE (i) THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITES OR FOR ANY OF YOUR ACTIVITIES ON THE SITES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING YOUR CLAIM, OR (ii) ONE HUNDRED U.S. DOLLARS ($100.00 USD), WHICHEVER IS GREATER.
Notice of Claims of Copyright Infringement
We respect the intellectual property rights of others and require our users to do the same. To notify us of your claim of copyright infringement with respect to any Site Content, please send a written communication to:
LMAC STUDIO LLC
388 S. Cox
Memphis, TN 37104
We reserve the right to modify these Terms and/or any other guidelines or policies affecting the Sites at any time, and such revisions will become effective upon the earlier of (i) posting of the revisions to the Sites, or (ii) distribution of the revisions by electronic mail. For this reason, please visit this page on a regular basis and check the “Last Updated” date at the top of these Terms to ensure that you are familiar with the most recent version of these Terms. Your continued use of the Sites after the effective date of the revisions signifies your acceptance of any such revisions.
We reserve the right to modify, suspend or terminate, in our sole discretion, at any time, temporarily or permanently, for any or no reason and without notice to you, and without any liability to you, any portion of the Sites, including, without limitation, Your Account and/or Your User Information.
You agree that we may assign any of our rights, and/or transfer, sub-contract or delegate any of our obligations, under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.
Governing Law and Jurisdiction
You agree that the laws of the United States of America and the laws of the State of Tennessee, without regard to the principles of conflicts of laws, will govern these Terms, your use of the Sites, and all matters relating to your access to, and/or use of, the Sites, including all disputes between you and us and/or the Parties. You irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts seated in Shelby County, Tennessee, and the related appellate courts, in any related action or proceeding.
These Terms constitute the entire agreement between you and us and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us, with respect to your use of the Sites and all matters relating to your access to, and/or use of, the Sites. A printed version of these Terms and of any notice given in electronic form shall be admissible in any and all judicial or administrative proceedings based upon or relating to these Terms to the same extent as other business documents and records originally generated and maintained in printed form.
If any part of these Terms is determined to be invalid or unenforceable under applicable law including, without limitation, the warranty disclaimers and liability limitations stated above, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full effect.