Terms of Use
Terms of Use
Effective Date: March 31st, 2018
The Hutlink.yum.com website, and any associated content, software or tools (collectively, the "Licensed Product") provides Authorized Users (as defined below) the opportunity to access and use of various software tools along with information related to Pizza Hut, LLC, successor-in-interest to Pizza Hut, Inc ("PHLLC") and PHLLC's technology-focused affiliate, Pizza Hut Connect, LLC ("PHC") and its subsidiaries (collectively referred to herein as "Licensor") and its business.
BY CLICKING "I ACCEPT" OR BY YOUR CONTINUING TO ACCESS THE LICENSED PRODUCT YOU ("YOU") ARE ACCEPTING AND AGREEING TO THE TERMS AND CONDITIONS SET FORTH BELOW (THIS "AGREEMENT"). THIS AGREEMENT REPRESENTS A BINDING CONTRACT BETWEEN YOU AND LICENSOR, FOR YOUR INTERNAL USE OF THE LICENSED PRODUCT. THIS AGREEMENT IS EFFECTIVE AS OF THE DATE YOU CLICK "I ACCEPT" (THE "EFFECTIVE DATE") OR YOUR CONTINUED USE OF THE LICENSED PRODUCT WHICHEVER IS REQUIRED.
ARBITRATION NOTICE: AS DETAILED BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND LICENSOR WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. FOR OPT-OUT NOTICE INSTRUCTIONS PLEASE REVIEW SECTION 6.5.
ARTICLE I: GRANT AND SCOPE OF LICENSE
1.1 License Grant. Subject to the terms and conditions of this Agreement, Licensor hereby grants You a personal, non-exclusive, non-transferable, non-sublicensable, limited license to (a) use and install the Licensed Product, as well as any update, patch, bug fix or modification to the Licensed Product that Licensor provides to You, and (b) use any related Materials (as defined below), or supporting user, administrative, training or technical documentation, whether written or electronic, provided or made available by Licensor and related to the Licensed Product, in each case solely for internal use by You, within Licensor's Enterprise. "Licensor's Enterprise" means: (i) Licensor, (ii) franchisee or licensee of Licensor (collectively, "Franchisees"); or (iv) approved supplier, agency or consultants of Licensor (collectively "Vendors").
1.2 Authorized Users. You may allow your Authorized Users to use Materials, but solely in accordance with the terms and conditions of this Agreement. "Authorized Users" means individuals who are current employees, Franchisees or contractors under agreement with an entity within the Licensor's Enterprise. You will be responsible for all use of the Licensed Product by Authorized Users and unauthorized users who obtained access to the Materials directly or indirectly through You. You will prevent any unauthorized use of the Materials and immediately notify Licensor in writing of any unauthorized use that comes to Your attention and cooperate and assist with any actions taken by Licensor to prevent or terminate unauthorized use of the Materials. If any Authorized User ceases to be a current employee, Franchisee or contractor under agreement with an entity within Licensor's Enterprise: (a) such user's access to the Materials shall immediately terminate, and You shall ensure that such user does not continue using the Materials; (b) such user may not use the Materials or any derivative works thereof for a subsequent employer; and (c) such user must immediately return all copies of Materials in such user's possession, custody, or control.
1.3 Ownership and Intellectual Property. The Licensed Product and all materials contained therein comprise Intellectual Property Rights (as defined below), marketing strategies and plans, HR policies, strategies and programs, and other confidential, proprietary information (the "Materials") of Licensor. As between the parties, all right, title and interest in and to the Materials (and any derivative works thereof) are and at all times will be the sole and exclusive property of Licensor. "Intellectual Property Rights" means any and all proprietary, industrial and intellectual property rights, under the law of any jurisdiction or rights under international treaties, both statutory and common law rights, including: (a) utility models, supplementary protection certificates, statutory invention registrations, patents and applications for same, and extensions, divisions, continuations, continuations-in-part, reexaminations, and reissues thereof; (b) trademarks, service marks, trade names, slogans, domain names, logos, trade dress, and other indicia of source (including all goodwill associated with the foregoing), and registrations and applications for registrations thereof; (c) copyrights, moral rights, database rights, other rights in works of authorship and registrations and applications for registration of the foregoing; and (d) trade secrets, know-how, and rights in confidential information, whether or not patentable All Materials have been developed by Licensor for its internal use. With regard to the ideas and information posted to the Licensed Product (hereinafter the "Practices"), if you submit Practices to the Licensed Product, You acknowledge and agree that the Practices (i) become the property of the Licensor, (ii) may be shared within applicable members of the Licensor's Enterprise, and (iii) may be used or modified by members of the Licensor's Enterprise in such members' sole discretion. The Materials are intended to be possessed, read, and otherwise used only by persons who are both (1) Authorized Users AND (2) are specifically authorized to possess, read, and otherwise use the Materials.
1.4 Copies. You may make one copy of the Materials for bona fide back-up purposes only. All such copies are subject to the terms and conditions of the Agreement. The Materials cannot otherwise be reprinted or reproduced, in whole or in part, in any manner whatsoever, without the express written consent of Licensor.
1.5 Restrictions. Except as expressly permitted in this Agreement, You shall not, and shall not allow any person or entity to: (a) decompile, disassemble, or otherwise reverse engineer the Materials or attempt to reconstruct or discover any source code, underlying ideas, algorithms, rules, file formats or programming interfaces of the Materials by any means whatsoever; (b) distribute, sell, rent, lease, or use the Materials (or any portion thereof or any data associated therewith) for time sharing, hosting, service provider, or like purposes; (c) modify, translate or create derivative works of any part of the Materials; (d) attempt to circumvent or disable any physical or electronic mechanism that protects the Materials against unauthorized use or copying; (e) transfer the Materials to a third party or allow a third party to access the Materials; (f) download or access the Materials (or any portion thereof or any data associated therewith) on websites not authorized by Licensor; or (g) disclose the Materials outside of Licensor's Enterprise. The Licensed Product may not be used for the benefit of any third parties outside of Your Authorized Users. Any unauthorized use of the Materials may lead to civil and criminal prosecution.
1.6 Proprietary Notices. You shall not delete, alter, cover, or distort any copyright, trademark, or other proprietary rights notice placed by Licensor on or in the Materials, and shall ensure that all such notices are reproduced on all copies of the Materials.
1.7 Rights Reserved. All rights not expressly granted in this Agreement are reserved to Licensor.
1.8 Notice Regarding Use of Materials. While you may find Materials useful, by providing these Materials, Licensor does not in any way represent or warrant any particular results or that these Materials reflect the costs/financials or needs of You, Your Authorized Users, or Your Pizza Hut® stores. Before making use of these Materials, we urge you to consult your own financial and legal advisors. Further, Licensor disclaims any obligation to either (1) update the Materials or monitor their accuracy, or (2) format Materials for your specific use or for compliance with any requirements that may apply to Your business. As a condition to Licensor making Materials available to You and Your Authorized Users, You agree (1) to be responsible, as provided in the applicable agreement between You and any member of Licensor's Enterprise, for certain claims that may arise regarding the operation of Your business, and (2) to indemnify Licensor for the same, including, without limitation, any claims relating to your decision to use the Materials.
1.9 Notice Regarding Certain Content In Materials. The Materials may also contain references to other company, brand and product names. Any company, brand and product names used herein are for identification purposes only and may be the trademarks of their respective owners. The images of people or places displayed, forms, structures, and graphics displayed or found within this Site are either the property of, or used with permission by Licensor. Licensor may be, but is not necessarily sponsored by or affiliated with any of the owners of the other company, brand or product name appearing in the Materials, and makes no representations about them, their owners, their products or services.
1.10 Acceptable Use. You agree not to use the Materials for any purpose that is unlawful or prohibited by this Agreement. You agree not to post or submit via the Licensed Product, any material that (a) is false, inaccurate or deceptively misleading; (b) infringes on the Intellectual Property Rights of any third parties; (c) violates the privacy or publicity rights of others; (d) is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another party; or (e) impersonates another person. You further agree not to submit any materials that contain viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. You may not attempt to gain unauthorized access to computer systems or networks connected to or supporting the Materials, through hacking, password mining or any other means. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy pages of any Materials without Licensor's express prior written permission.
ARTICLE II: YOUR ACCOUNT AND PASSWORD
2.1 Access to some Materials may require that You choose a user name and password. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF ANY PASSWORDS. You are responsible for all use of the Materials by anyone using Your login identification, Your password and any security lock code that You use to protect access to Your data. You acknowledge that Your user name and password are to be kept confidential, and You agree to accept full responsibility and indemnify Licensor, its parent, subsidiaries and affiliates for all activities that occur under Your password or username. You agree to: (a) immediately notify Licensor of any unauthorized use of Your password, username, or account or any other breach of security related to the Materials, and (b) ensure that You exit from Your account at the end of each login session.
ARTICLE III: DISCLAIMER AND LIMITATION OF LIABILITY
3.1 Warranty Disclaimer. THE MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF THE MATERIALS, THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT INCLUDED ON OR GENERATED BY THE MATERIALS, OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LICENSOR AND ITS PARENT, AFFILIATES, SUBSIDIARIES AND SUCCESSORS AND ASSIGNS OF EACH DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE MATERIALS, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY OF THE MATERIALS, ACCURACY OF MATERIALS, AND THE PERFORMANCE, NON PERFORMANCE, OR ANY OTHER ACT OR OMISSION OF LICENSOR. LICENSOR AND ITS PARENT, AFFILIATES, SUBSIDIARIES AND SUCCESSORS AND ASSIGNS OF EACH WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR INJURIES CAUSED BY USE OF THE MATERIALS (SUCH AS VIRUSES, OMISSIONS OR MISSTATEMENTS). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LICENSOR OR THROUGH OR FROM THE MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. LICENSOR MAY FROM TIME TO TIME REVISE THE INFORMATION, SERVICES AND THE RESOURCES CONTAINED IN THE MATERIALS AND RESERVES THE RIGHT TO MAKE SUCH CHANGES WITHOUT ANY OBLIGATION TO NOTIFY PAST, CURRENT OR PROSPECTIVE USERS OF THE MATERIALS. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS YOU OR YOUR AUTHORIZED USERS MAKE BASED ON OUTPUTS OR INFORMATION GENERATED BY THE MATERIALS. YOU FURTHER ACKNOWLEDGE THAT DATA ASSOCIATED WITH THE MATERIALS MAY BE TIME LIMITED, AND MAY NOT BE UPDATED OR CURRENT. ANY ACTON TAKEN OR EXPENDITURES MADE BY YOU OR YOUR AUTHORIZED USERS BASED ON EXAMINATION, EVALUATION, INTERPRETATION OR USE OF OUTPUTS OR INFORMATION GENERATED BY THE MATERIALS, OR BY OTHERS RELYING ON YOUR ADVICE, WILL BE AT YOUR OWN RISK AND RESPONSIBILITY; YOU WILL HAVE NO CLAIM AGAINST LICENSOR AND HEREBY RELEASE LICENSOR FROM ANY LIABILITY AS A CONSEQUENCE THEREOF.
3.2 Disclaimer of Consequential Damages. IN NO EVENT SHALL LICENSOR AND ITS PARENT, AFFILIATES, SUBSIDIARIES AND SUCCESSORS AND ASSIGNS OF EACH BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, COVER OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR USE, INCURRED BY YOU OR YOUR AUTHORIZED USERS OR ANY THIRD PARTY AND ARISING OUT OF ANY USE OF THE MATERIALS, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ARTICLE IV: CONFIDENTIALITY
4.1 Confidential Information. "Confidential Information" means all proprietary information, financial information and other commercially valuable or sensitive information in whatever form, including trade secrets, technical data, the Materials, any data on third party competitors accessed from the Materials, any output data or analyses generated using the Materials (including by You or any Authorized Users), pricing and cost information and business and marketing plans and proposals and any other materials or information of whatever description which Licensor has identified as confidential, proprietary or of a commercially sensitive nature or as You should know is regarded as confidential, proprietary. Confidential Information does not include: (a) information which is lawfully in the public domain prior to its disclosure to You by Licensor; (b) information which enters the public domain after its disclosure to You by means other than an unauthorized disclosure of such information by any Person; and (c) information which is or becomes lawfully available to You from a third party who has the proper authority to disclose such information to You. In addition, specific information is not considered to be in the public domain for purposes of this Agreement if only a general embodiment or description of such information is available in the public domain.
4.2 Non-Disclosure. You agree to secure and protect the Confidential Information of Licensor embodied by, accessed or available through the Materials using at least as great a degree of care as You use to protect Your own Confidential Information of a similar nature, but in no event less than reasonable care. You agree not to disclose Licensor's Confidential Information to third parties. Confidential Information embodied by the Materials includes computer files associated with the Materials.
4.3 Injunctive Relief. In the event of Your breach or threatened breach of Your obligations under this Section, Licensor has the right to injunctive and other equitable relief to enforce such obligations with no bond required.
ARTICLE V: TERM AND TERMINATION
5.1 Term. The term of this Agreement shall commence on the Effective Date and will continue until terminated in accordance with this Agreement.
5.2 Termination. Licensor may terminate this Agreement with written notice if You (a) commit a material breach under this Agreement (including breach of intellectual property provisions) and (b) fail to remedy such breach or default within thirty (30) days of receipt of written notice of such breach.
5.3 Effect of Insolvency. In addition to the foregoing, Licensor may terminate this Agreement if You make a general assignment for the benefit of creditors, file a voluntary petition of bankruptcy, suffer or permit the appointment of a receiver for its business or assets, becomes subject to any proceedings under any bankruptcy law, or have liquidated Your business voluntarily or otherwise, and the same has not been discharged or terminated within forty-five (45) days of commencement.
5.4 Effect of Termination. Immediately upon termination of this Agreement, You shall: (a) cease all use of the Materials and ensure that all of Your Authorized Users do the same; (b) within fifteen (15) days, delete, render permanently inaccessible, or return to Licensor all copies of the Materials and any other Confidential Information, proprietary materials of Licensor, or any other data associated with the Licensed Product in Your or Your Authorized Users' possession or control; and (c) at Licensor's request, certify in writing Your compliance with this Section 5.4.
ARTICLE VI: MISCELLANEOUS
6.1 Collection of Personal Information. You acknowledge that, during and in connection with Your use the Materials, Licensor may collect Personal Information (as defined below) of You or Your Authorized Users. Licensor may use such Personal Information as necessary to provide the Materials to You or Your Authorized Users', or any products or services You request from Licensor in relation to the Materials. You agree that Licensor may share such Personal Information with third parties: (a) when Licensor has Your permission or consent to share such Personal Information; (b) as necessary to provide the Materials to You or Your Authorized Users', or any products or services You request from Licensor in relation to the Materials; (c) in connection with information that You or Your Authorized Users request that Licensor share; (d) if it is necessary to share such Personal Information in order to investigate, prevent or take action regarding a violation of law, a violation of this Agreement, or technical problems and malfunctions in computer systems and networks that support the Materials; (e) in response to a request under applicable law or court order; or (f) in an aggregated and/or anonymized form that does not identify particular individuals. You also agree that Licensor may use and share such Personal Information in an aggregated and/or anonymized format to improve the Materials or Licensor's other products and services. "Personal Information" means any information or data that identifies or could reasonably be used to identify a natural person, including: a person's first and last name, home or other physical address, telephone number, fax number, email address or other online identifier, Social Security number or other third-party issued identifier (including state identification number, driver's license number, or passport number), biometric data, health information, credit card or other financial information (including bank account information), and IP address, geolocation information, cookie information, or any other device-specific number or identifier.1
6.2 Audit Rights. You shall keep records relating to the Materials and use by You and Your Authorized Users during the term of the Agreement and for a period of three (3) years after termination or expiration of this Agreement. These records must be sufficient to allow Licensor to verify compliance with Your obligations under this Agreement. You shall provide representatives of Licensor access to or copies of such records, upon reasonable notice or request to You, for as long as Your license under Section 1.1 is in effect and for a period of three (3) years thereafter. If any such review discloses use of the Materials in violation of the terms of this Agreement, upon written notice from Licensor, You shall immediately cease its use which is in violation of the terms of this Agreement.
6.3 Hypertext Links. As a convenience to you, the Materials may contain links to sites not maintained or related to Licensor. Hypertext links are provided as a service to users and are not sponsored by or affiliated with Licensor. Licensor has not reviewed any or all of the websites hyper-linked to or from the Materials and does not endorse and is not responsible for the content of any other websites. The links are to be accessed at Your own risk and Licensor makes no representations or warranties about the content, completeness, or accuracy of these links or the websites. Licensor reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the contents of any other Internet sites linked to the Materials. You may not "mirror" or "frame" any Materials without Licensor's express prior written permission.
6.4 User Content. By posting, uploading, inputting, providing or submitting any content (including feedback and suggestions) to Licensor through Your use of Materials, you grant Licensor permission to use Your submission, including, without limitation, the license to copy, distribute, transmit, publicly display, perform, reproduce, edit, modify, translate, and reformat your submission; and the right to sublicense such rights to any of Licensor's agents or service providers. You understand and agree that no compensation will be provided for Your submission, and that there is no guarantee or representation regarding employment as a result of any submission. Licensor makes no representations or guarantees regarding the effectiveness or timeliness of the Materials in meeting the employment objectives of Authorized Users. By posting a submission, You warrant and represent that You own or otherwise have the right and authority to post, upload, or grant Licensor the licenses set out in this Section 6.4 with respect to your submission. Licensor reserves the right, but not the obligation, to unilaterally remove comments and/or materials on any part of the Materials when Licensor deems removal appropriate.
6.5 Governing Law. The laws of the State of Texas, United States of America govern this Agreement in all respects, without regard to its conflicts of law rules. Your conduct may be subject to other laws. You waive any right to a jury trial and any claim or dispute between you and us that arises in whole or in part from the Materials or this Agreement shall be decided exclusively through binding, individual arbitration in Texas, U.S.A., unless You opt out of arbitration by sending an opt out notice to Licensor at Legal Department, Pizza Hut, LLC, 7100 Corporate Drive, Plano, Texas 75024 within the first 30 days of being subject to this Agreement. You agree that disputes between You and Licensor will be resolved by binding arbitration and You waive your right to participate in class action lawsuits or class-wide arbitration. In the event that binding arbitration is not enforceable, You expressly agree that exclusive jurisdiction of the state or federal courts of Dallas, Texas over any dispute arising from Your use of the Materials. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Materials or this Agreement must be filed within one (1) year after such claim or cause of action arose. Use of the Materials is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph.
6.6 Entire Agreement. This Agreement constitutes the entire agreement between You and Licensor, and supersedes and cancels any and all prior understandings or agreements, verbal or otherwise, that may exist between the parties with respect to the subject matter hereof. No oral explanation or oral information by any party shall alter the meaning or interpretation of this Agreement. No amendment, change or addition shall be effective or binding on any party unless reduced to writing and executed by a duly authorized representative of each party.
6.7 Severability. The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any invalid, illegal, unenforceable or void provision shall be deemed severed from this Agreement and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be invalid, illegal, unenforceable or void. The parties further agree to reform this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this Section 6.7 shall not prevent the entire Agreement from being void should a provision which is the essence of this Agreement be determined to be invalid, illegal, unenforceable or void.
6.8 Notices. For questions regarding use of the Materials, please contact phdataprivacy@yum.com. All other notices and requests in connection with this Agreement will be deemed given as of the day they are (a) deposited in the U.S. mails, postage prepaid, certified or registered, return receipt requested; or (b) sent by overnight courier, charges prepaid, with a confirming email, to the following addresses: (i) if to Licensor: Attn: Chief Legal Officer, 7100 Corporate Drive, Plano, TX 75024; and (ii) if to You: to the address provided by You during installation or registration of the Licensed Product.
6.9 Force Majeure. A party shall not be liable to any other party for failure to fulfill its obligations under this Agreement if the failure is due to extreme weather, hurricanes, floods, or other natural calamity, strikes, riots, fires, explosions, acts of God, acts of terrorism, war, sabotage, action of any government or any other similar cause that is beyond the party's reasonable control. Any failure or delay by any party in performing any of its obligations under this Agreement due to one or more of the foregoing causes shall not be considered a breach of this Agreement and the term for performance shall be increased by a reasonable period of time as mutually agreed to by the affected party.
6.10 Independent Contractors. The relationship of the parties under this Agreement is that of independent contractors, and neither party shall have any authority to bind or commit the other. Nothing herein shall be deemed or construed to create a joint venture, partnership or agency relationship between the parties for any purpose.
6.11 No Third Party Beneficiaries. This Agreement is for the benefit of, and will be enforceable by, the parties only. This Agreement is not intended to confer any right or benefit on any third party. No action may be commenced or prosecuted against a party by any third party claiming as a third-party beneficiary of this Agreement or any of the transactions contemplated by this Agreement.
6.12 Compliance with Laws. You shall be solely responsible for Your compliance with all federal, state and local laws, rules, and regulations applicable to any data or information You provide to Licensor, or Your use of the Materials.
6.13 Export Laws. Without limiting the generality of the foregoing, You acknowledge that the laws and regulations of the United States restrict the export and re-export of certain materials. Accordingly, You shall not export, directly or indirectly, all or part of the Licensed Product, or any product or other materials derived therefrom, to any country without the appropriate United States and/or foreign government licenses. You shall not export (including via the Internet) the Licensed Product to any country subject to a U.S. embargo.
6.14 Non-Waiver. The failure of either party to insist upon or enforce strict performance by the other of any provision of this Agreement, or to exercise any right or remedy under this Agreement, will not be interpreted or construed as a waiver or relinquishment to any extent of that party's right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will be and remain in full force and effect.
6.15 Assignment. You may not assign or transfer this Agreement (by operation of law or otherwise) without Licensor's prior written consent. A change of control is considered a transfer under this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and permitted assigns.
6.16 Survival. The provisions of this Agreement which by their nature or express language are intended to survive the termination or expiration of this Agreement, including Articles 1 (other than the licenses to use the Licensed Product and Materials), 3, 4, 5 and 6, shall so survive.
6.17 Rules of Construction. If a term is defined as one part of speech (such as a noun), it has a corresponding meaning when used as another part of speech (such as a verb). Terms defined in the singular have the corresponding meanings in the plural, and vice versa. Unless the context of this Agreement clearly requires otherwise, words importing the masculine gender include the feminine and neuter genders and vice versa. The term "includes" or "including" means "including without limitation." The term "or" is not exclusive. The words "hereof," "hereto," "hereby," "herein," "hereunder" and words of similar import, when used in this Agreement, refer to this Agreement as a whole and not to any particular section or article in which such words appear. The headings in this Agreement are for convenience only and are not to be considered a part of or affect the construction or interpretation of any provision of this Agreement.
6.18 International Users The Website is controlled, operated by and administered by Licensor from its offices within the United States. If You access Materials from locations outside of the United States, You are responsible for compliance with all local laws. If You submit information via use of the Materials from outside of the United States, You consent to the transfer of the information to the United States for processing and use.
6.19 Privacy Policy. Licensor's Privacy Policy applies to your use of the Materials and its terms are hereby incorporated into this Agreement by reference. To view the Privacy Policy, please click here. If You do not agree with any of the terms of the Privacy Policy, please do not use the Materials or submit any personal information to us.