TERMS OF USE

Last Updated: [April 25, 2023]

PLEASE READ THIS LEGAL DOCUMENT CAREFULLY as it governs the relationship between You and Xoluwyn, LLC (“Xoluwyn,” “Company,” “Us,” “Our,” or “We”), a Texas limited liability company, regarding your access to and use of Xoluwyn’s Website [xoluwyn.com] (the “Website”).

Use of Xoluwyn’s Website and its service (“Xoluwyn Service,” or “Service”) is governed by the following Terms of Use (“Terms”) together with any documents that are expressly incorporated by reference, including Xoluwyn’s Privacy Statement found at [Privacy Statement URL]. Questions, comments, or claims with respect to the Website should be directed to Xoluwyn at 

xo*****@*****yn.com. By using the Website [and/or by clicking to accept or agree to the Terms of Use when this option is made available to you], you accept and agree to be bound and abide by these Terms of and our Privacy Statement found at [Privacy Statement]. By registering for an Account or otherwise using the Website, you represent that you are age 13 or older. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms. 

BY ACCESSING THE WEBSITE, YOU (1) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND ACCEPT THESE TERMS AND (2) AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS THE WEBSITE.

1. Changes to the Terms of Use

We may revise and update these Terms periodically in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.  

Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

2. Website Disclaimer

We reserve the right to amend or withdraw this Website, and any material or service we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any time period.

3. Accessing the Website and Your Account

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Statement, and you consent to all actions we take with respect to your information consistent with our Privacy Statement. 

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also agree not to provide any other person or entity with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. 

4. User Registration

To experience full access to the Xoluwyn Service, you may need register as a user of the Xoluwyn Service and enter into an agreement for access to our live and on-demand content and material. You must provide us complete and accurate registration information, complete the user registration process, and notify us of any changes concerning your information. You must keep your Account information current. If you do not keep your Account information current, we may have to terminate or suspend your use.

5. Intellectual Property Rights

The Website and its entire content, features, and functionality (including but not limited to all information, software, text, logos, names, designs, graphics, files, materials, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Xoluwyn, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws. These Terms permit you to use the Website and its content for your personal, non-commercial use only. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

You acknowledge and agree that the source and object code of certain Xoluwyn Services (such as any mobile applications and online tools) and the format, directories, queries, algorithms, structure and organization of the same are the intellectual property, proprietary and confidential information of Xoluwyn and/or its affiliates, licensors and suppliers. 

If you redistribute, sell, reproduce, transfer, print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to any Xoluwyn Services or any goodwill associated therewith or any content on the Website is transferred to you, except as stated in these Terms or any executed written agreements between you and Xoluwyn. All rights not expressly granted are reserved by Xoluwyn. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. In addition, except as expressly set forth in these Terms, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary right of Xoluwyn or any third party. Any and all goodwill arising from your use of any Xoluwyn Services shall inure solely to the benefit of Xoluwyn.

6. Limited License to Use Xoluwyn Services

Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use Xoluwyn Service, Xoluwyn grants you a limited, non-transferable, non-exclusive, non-sublicensable, revocable right and license to access and use Xoluwyn Service for your own personal, non-commercial purposes. This license includes the right to view content and Service available on the Website, provided you keep intact all copyright and other proprietary notices. This license will remain in effect unless and until you violate these Terms or this license is terminated by you or Xoluwyn. 

7. Trademarks

Xoluwyn’s name, the term “Xoluwyn, LLC,” Xoluwyn’s logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Xoluwyn or its affiliates or licensors. You must not use such marks without the prior written permission of Xoluwyn. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

8. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards [CONTENT STANDARDS (BELOW)] set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material (without our prior written consent), including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any device, process, software, means, or routine that interferes with the proper working of the Website, or monitors, copies, or accesses any Website material for any purpose without our prior written consent.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Or otherwise attempt to interfere with the proper working of the Website.

9. User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us, our affiliates, our service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to Xoluwyn and its licensees, successors, and assigns. All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Xoluwyn, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

10. Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Statement.
  • Be likely to deceive any person, or promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

11. Termination

These Terms begin on the date you first use the Xoluwyn Service and continue as long as you have an Account with us and/or continue to use the Xoluwyn Website and/or Service.

We may, in our sole discretion, disable, limit, suspend, or delete your Account (or any part thereof), remove or block any User Content or User Contributions that you submitted, or terminate or suspend your access to all or part of the Website for any or no reason. This includes, but is not limited to, any violation of these Terms, or for any actual or suspected illegal or improper use of the Website, or for any use or conduct that is offensive, obscene or otherwise objectionable (in our sole discretion), or for conduct or User Content that tends to damage our reputation or goodwill.

Upon termination of these Terms, all licenses granted by us will terminate. Termination of your Account may result in your loss, without compensation, of your user name and all associated information, including any benefits, privileges, earned items, and purchased items associated with your use of the Website.  

In the event of Account deletion for any reason, the following sections survive termination: Intellectual Property Rights, User Contributions, Indemnification, Disclaimer of Warranties, Limitation of Liability, Mediation, Governing Law and Venue, and all general provisions. The Privacy Statement also survives termination.

12. Monitoring and Enforcement

We have the right to:

  • For any or no reason in our sole discretion, refuse to post or remove any User Contributions or User Content.
  • Take any action regarding any User Content or User Contribution that we deem appropriate or necessary in our sole discretion, including if we believe that such User Content or User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of the Website’s users or the public, or could create liability for Xoluwyn.
  • Disclose your identity or other information about you to any third party who claims that content posted by you violates their rights, including their right to privacy or their intellectual property rights.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any unauthorized or illegal use of the Website.

Without limiting the foregoing, we have the right to cooperate fully with any court order or law enforcement authorities requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS XOLUWYN AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY XOLUWYN DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER XOLUWYN OR LAW ENFORCEMENT AUTHORITIES.

We do not undertake to review all material before it is posted on the Website and cannot guarantee prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding communications, transmissions, or content provided by any user or third party. We have no responsibility or liability to anyone for performance or nonperformance of the activities described in this section.

13. Copyright Infringement

If you believe that any User Contributions violate your copyright, please contact us with a notice of copyright infringement. It is the policy of Xoluwyn to terminate the Accounts of repeat infringers.

14. Third Party Information, Links, and Content

This Website may include content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in these materials are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Xoluwyn. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including sponsored links and banner advertisements. We have no control over the content of those sites or resources, and accept no responsibility or liability for them or for any direct or indirect loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

15. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, DATA, COMPUTER PROGRAMS, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY ITEMS OR SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS. NEITHER XOLUWYN NOR ANY PERSON ASSOCIATED WITH XOLUWYN MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER XOLUWYN NOR ANYONE ASSOCIATED WITH XOLUWYN REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE RELIABLE, ACCURATE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, XOLUWYN HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

16. Health and Safety Disclaimer

The Xoluwyn Service does not constitute medical advice or other professional healthcare advice. Each person has their own limitations and it is therefore critical that you consult your physician or other licensed healthcare provider for necessary medical or appropriate care, follow all instructions provided by Xoluwyn, and obtain proper authorization before accessing or using any Xoluwyn Services, especially if you are prone to injuries, are pregnant or nursing, are under 18 years of age, or have any other special medical conditions. 

ALL XOLUWYN SERVICES ARE PROVIDED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY, AND ARE NOT INTENDED TO DIAGNOSE ANY MEDICAL OR HEALTHCARE CONDITION, REPLACE THE ADVICE OF A LICENSED HEALTHCARE PROFESSIONAL, OR PROVIDE ANY MEDICAL ADVICE, DIAGNOSIS, OPINION, TREATMENT, OR GUARANTEE. THE INFORMATION MADE AVAILABLE ON OR THROUGH XOLUWYN SHOULD NOT BE RELIED UPON WHEN MAKING MEDICAL OR OTHER IMPORTANT HEALTHCARE DECISIONS. XOLUWYN DOES NOT PROVIDE CLINICAL SERVICES. ANY XOLUWYN PERSONNEL OR INDIVIDUALS CERTIFIED BY XOLUWYN IN ANY XOLUWYN PRODUCTS OR SERVICES ARE NOT FUNCTIONING IN ANY CLINCIAL OR LICENSED MEDICAL OR PSYCHOLOGICAL CAPACITY; SUCH INDIVIDUALS ARE SOLELY PROVIDING EDUCATIONAL AND INFORMATIONAL SELF-HELP RESOURCES. THUS, IT IS EXTREMELY IMPORTANT THAT YOU CONSULT YOUR PHYSICIAN OR LICENSED HEALTHCARE PROVIDER – AND NOT XOLUWYN – IN CONNECTION WITH YOUR MEDICAL OR HEALTH CONDITION. YOUR USE OF ANY XOLUWYN SERVICES DOES NOT CREATE A DOCTOR-PATIENT, PROFESSIONAL-CLIENT, OR SIMILAR RELATIONSHIP BETWEEN YOU AND XOLUWYN OR YOU AND ANY PERSON CERTIFIED THROUGH XOLUWYN.  

The Xoluwyn Service is under development continually; to the full extent permitted by law, Xoluwyn makes no warranty of any kind, express or implied, as to its completeness, accuracy, or appropriateness for any purpose.  No assurance can be given that the advice contained in the Xoluwyn Services will always include the most current developments or findings with regard to the specific material. Any individual results using Xoluwyn Services may vary.  

You expressly acknowledge and agree that your access, use and/or involvement with any Xoluwyn Services (including, without limitation, injury rehabilitation,  exercise, and connected products), Xoluwyn personnel, or individuals certified by Xoluwyn in any Xoluwyn products or services may involve potentially dangerous and physical activities that may lead to personal and/or bodily injury, death, temporary or permanent disability,  loss of consortium, or damage to or loss of property or privacy. You hereby acknowledge and willingly accept these risks and agree to unconditionally release and hold Xoluwyn harmless from and against all claims, damages, losses, suits, costs, causes of action, expenses, or liability arising out of or related to your access, use and/or involvement with any Xoluwyn Services.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL XOLUWYN OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR ANY OTHER CONTENT, INCLUDING BUT NOT LIMITED TO:

  1. PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; AND/OR 
  1. DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU THROUGH THE WEBSITE.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR XOLUWYN WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. 

IF THESE TERMS OF USE ARE TERMINATED FOR ANY REASON, THIS LIMITATION OF LIABILITY WILL SURVIVE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Indemnification

You agree to indemnify, defend, and hold harmless Xoluwyn and its officers, directors, employees, agents, affiliates, licensors, suppliers, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your violation of these Terms of Use or your use of and activities on the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

19. General Legal Provisions

Severability

The illegality, unenforceability, or invalidity of any term, clause, or provision of these Terms will not affect any other term, clause, or provision, and these Terms will continue in full force and effect and be construed and enforced as if such provision had not been included.

Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power in these Terms operates as a waiver thereof, nor does any single or partial exercise of any right or power hereunder preclude further exercise of that power or any other right hereunder. 

Entire Agreement 

The Terms of Use, our Privacy Statement, User Registration Terms, and Refund Policy constitute the entire agreement between you and Xoluwyn with respect to the Website and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Website.

Notices

You consent to receive all communications including notices, agreements, disclosures, or other information from Xoluwyn electronically. Xoluwyn may communicate by email or by posting through the Xoluwyn Service or Website. For support-related inquiries, you may email:  xo*****@*****yn.com For all other notices to Xoluwyn, write to the following address: 

Xoluwyn, LLC

5900 Balcones Drive, STE 100

Austin, TX 78731

20. Mediation

The parties agree that, before suit is filed by either of them based on or pertaining to these Terms, they will submit this dispute to mediation, as described in Section 154.023 of the Texas Civil Practice and Remedies Code.

21. Force Majeure

Neither party will be liable for any failure or delay in performance under these terms (other
than, if applicable, for delay in the payment of money due and payable in accordance with these terms) for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to: “Acts of God;” acts of government; flood, fire, or other natural disasters; civil unrest; acts of terror; strikes or other labor problems; disease outbreaks or pandemics; and computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility.

But in each case, only if and to the extent that the non-performing party is without fault in causing such delay or failure, and the delay or failure could not have been prevented by reasonable measures and precautions and cannot reasonably be circumvented by the non-conforming party through the use of alternate sources, workaround plans, disaster recovery, or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.

22. Governing Law and Venue

These Terms are governed by the laws of the State of Texas. Travis County, Texas, is the exclusive venue of any suits or causes of action arising directly or indirectly from these Terms.

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