Terms Of Service Agreement Services

16.12 Full agreement. This agreement is a complete and exclusive understanding of the parties as to the purpose of the agreement. It replaces all prior or simultaneous or oral or written communications, proposals and assurances relating to Optimizely technology or any other subject applicable to this agreement. The provisions of the United Nations Convention on Contracts for the Sale of Goods do not apply to this Convention. All the conditions provided by the client (including in connection with an order or other professional form used by the client) are exclusively administrative and have no legal value. 2.14 Optimizely Technology refers to the Optimizely Service, all documentation, technologies, codes, know-how, logos and associated or underlying models (including in reports or numbers received by the Optimizely Service), anything provided as part of the medium or other services, as well as any updates, changes or works derived from any of the above information, including any feedback. You can call your terms of use with any name. The most common choices are: 14.2 General. This AG, including all documents expressly inserted by reference, constitutes the whole agreement between the parties and replaces all prior and simultaneous agreements, proposals or assurances, written or orally, concerning their purpose. The use of section titles within this scope is only practical and has no bearing on the interpretation of a provision. Any use of the singular must reasonably be interpreted as including the plural, and vice versa. If not already specified, any use of “including” or “how” should be interpreted to mean “including, but not limited to.” If some of these instructions for use are found to be invalid or unenforceable, the unenforceable part becomes as effective as possible and the other parties remain fully in force and effective.

Failure to comply with a provision does not infringe our right to demand the benefit at another time, nor will it waive a violation or loss of that scope or a provision of such use to a subsequent breach or default or waiver of the provision itself. For example, EBay uses the term “user agreement,” while Twitter refers to its page as terms of use as “terms of use.” Whatever the name, even if you choose, make sure the text is easy for the average user to understand. 16.4 Subcontractors. Optimizely may use subcontractors and allow them to exercise the rights granted to Optimizely to provide Optimizely Service and related services as part of this agreement.