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3.3 Company shall own and retain all right, title and 5.1 Subject to earlier termination as provided below,
<br /> interest in and to (a) the Services, all improvements, this Agreement is for the Initial Service Term as specified in
<br /> enhancements or modifications thereto, (b) any software, the Order Form, and thereafter shall continue month to
<br /> applications, inventions or other technology developed in month. After the Initial Service Term, either party may
<br /> connection with Services or support, (c)the Aggregate Data terminate this Agreement for convenience and without
<br /> (defined below),and(d)all intellectual property rights related penalty by providing the other party thirty(30) days written
<br /> to any of the foregoing. notice. Customer will pay in full for the Services up to and
<br /> 3.4 Notwithstanding anything to the contrary,Company including the last day on which the Services are provided.
<br /> shall have the right to collect and analyze data and other 5.2 In addition to any other remedies it may have,either
<br /> information relating to the provision, use, and performance party may also terminate this Agreement upon thirty (30)
<br /> of various aspects of the Services and related systems and days'notice(or without notice in the case of nonpayment),if
<br /> technologies (including, without limitation, information the other party materially breaches any of the terms or
<br /> concerning Customer Data, data or information regarding conditions of this Agreement. Customer will pay in full for
<br /> Customer's activities on Company's website or in connection the Services up to and including the last day on which the
<br /> with the Services, including frequency of visits to the Services are provided. Upon any termination,Company may,
<br /> website,data entered when using the website,vital statistics but is not obligated to, delete stored Customer Data. All
<br /> and trends, general information regarding Customer's use of sections of this Agreement which by their nature should
<br /> the Services, correlations identified or categorical survive termination will survive termination, including,
<br /> information regarding the kinds of Customer Data provided, without limitation,accrued rights to payment,confidentiality
<br /> and data derived therefrom ("Aggregate Data")), and obligations,warranty disclaimers, and limitations of liability.
<br /> Company will be free(during and after the term hereof)to(i)
<br /> use such information and data to improve and enhance the 6 WARRANTY AND DISCLAIMER
<br /> Services and for other development, diagnostic and •
<br /> corrective purposes in connection with the Services and 6.1 Company shall use reasonable efforts consistent
<br /> other Company offerings, and (ii) disclose Aggregate Data in with prevailing industry standards to maintain the Services
<br /> connection with its business. No rights or licenses are in a manner which minimizes errors and interruptions in the
<br /> granted except as expressly set forth herein. Services and shall perform the Services in a professional and
<br /> workmanlike manner. Services may be temporarily delayed
<br /> 4. PAYMENT OF FEES either by Company or by third-party providers,or because of
<br /> other causes beyond Company's reasonable control, but
<br /> 4.1 Customer will pay Company the then applicable fees Company shall use reasonable efforts to provide advance
<br /> described in the Order Form for the Services in accordance notice in writing or by e-mail of any service disruption.
<br /> with the terms therein (the "Fees"). Company reserves the HOWEVER, COMPANY DOES NOT WARRANT THAT THE
<br /> right to change the Fees or applicable charges and to SERVICES WILL BE UNINTERRUPTED OR ERROR FREE;
<br /> institute new charges and Fees at the end of the Initial NOR DOES IT MAKE ANY WARRANTY AS TO THE
<br /> Service Term or then-current renewal term, upon thirty(30) RESULTS THAT MAY BE OBTAINED FROM USE OF THE
<br /> days prior notice to Customer(which may be sent by email). SERVICES OR WITH RESPECT TO ANY MARKETING OR
<br /> If Customer believes that Company has billed Customer INVESTMENT DECISION MADE WHILE USING THE
<br /> incorrectly, Customer must contact Company no later than SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS
<br /> 60 days after the closing date on the first billing statement in SECTION, THE SERVICES ARE PROVIDED "AS IS" AND
<br /> which the error or problem appeared, in order to receive an COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR
<br /> adjustment or credit. Inquiries should be directed to IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
<br /> Company's customer support department. WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
<br /> 4.2 Company may choose to bill through an invoice, in A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
<br /> which case, full payment for invoices issued in any given 6.2 Company shall use reasonable efforts to maintain
<br /> month must be received by Company thirty(30) days after availability of data sources required for the provision of
<br /> the mailing date of the invoice. Unpaid amounts are subject Services. COMPANY DOES NOT WARRANT THAT THE
<br /> to a finance charge of 1.5% per month on any outstanding DATA UTILIZED IN THE PERFORMANCE OF SERVICES
<br /> balance, or the maximum permitted by law, whichever is WILL BE AVAILABLE IN PERPETUITY, AND THE DATA
<br /> lower, plus all expenses of collection and may result in MAY, DUE TO CIRCUMSTANCES BEYOND THE
<br /> immediate termination of Service. COMPANY'S CONTROL, BECOME UNAVAILABLE. Under
<br /> 5. TERM AND TERMINATION such circumstances,Company may,at its option and expense
<br /> (a) replace or modify the Services to utilize available data
<br /> sources, provided that such modification or replacement
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